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Mushroom plant foes lose

Friday, Dec. 28, 2007
By Victor Whitman
Times Herald-Record

Wurtsboro — Opponents have failed in their latest attempt to block the proposed Yukiguni Maitake mushroom plant on Route 209.

The Supreme Court's Appellate Division yesterday rejected claims that the Town of Mamakating Planning Board failed in its duties for granting a site plan and special-use permit.

"The Board made a rational decision in approving the resolution, which is supported by substantial evidence in the voluminous record," the court wrote in its decision.

Yukiguni Maitake has now fought off three legal challenges. "It is a significant event," said Charles Bazydlo, the attorney for Yukiguni.

"It pretty much ends any of the legal challenges, at least as far as the Planning Board."

The latest challenge was brought more than a year ago by a neighbor to the plant and The Basha Kill Area Association, which has been fighting Yukiguni for nearly five years. The BKKA plans to appeal the decision to the state's highest court, The Court of Appeals.

"The BKKA is, of course, disappointed with the decision, but we remain undeterred," BKKA President Paula Medley said. "Yukiguni has to obtain a variety of permits, from the Delaware River Basin Commission and the Department of Environmental Conservation, and we will be opposing them on all the permits. It is not over until the shovel hits the ground, so to speak."

The company has no definite plans for a groundbreaking, President Kaz Kameyama said.

"Yes, I would like to break ground as soon as possible, but I would still need to walk through these legal processes," he said. "I am committed not only to construct the plant, but also to respect all the society of the state."

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