Wurtsboro — The proposed Yukiguni Maitake mushroom plant has cleared another hurdle.
Sullivan County Supreme Court Judge Robert Sackett booted a joint challenge brought by an environmental group, the Basha Kill Area Association, and by a neighbor to the proposed plant on Route 209 near Wurtsboro.
The group's lawsuit claimed that the Mamakating Planning Board had not taken a hard look at the environmental impact, in evaluating the site plan and a special use permit.
Sackett, who has dismissed two other court challenges to the project, disagreed. In his ruling on March 5, he said the Planning Board considered a "wide array of noise, traffic patterns, environmental, air quality and aesthetic reports."
With legal options running out for environmentalists, Yukiguni plans a groundbreaking in early spring 2008. At full build out, the plant will produce 30 tons of mushrooms a day and employ 210 people.
The plant, which has been fighting with the BKAA for nearly four years, still must get state water permits.
The main court challenges are over.
"It was the last legal challenge that they could have brought against the project," said Charles Bazydlo, an attorney for Yukiguni.
Opponents can, however, appeal.
"We definitely will appeal this," Basha Kill Area Association President Paula Medley said.
"We still feel we have strong arguments and that eventually somebody will listen to us."
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