Solar Liberty Energy Systems is suing the town of Busti for withdrawing the company’s application to build a solar panel system.
Solar Liberty filed an application with the town in December 2020 to build a solar panel system at 1255 South Main Street Extension. Following that, the town Planning Board issued a positive declaration under the State Environmental Quality Review Act (SEQR) on September 27, 2021.
In March 2022, the town board approved a resolution accepting the positive declaration despite communication from Solar Liberty urging them not to. According to Solar Liberty’s filing in Chautauqua County State Supreme Court, the town of Busti was then required by state law to publish the Positive Declaration in the New York State Department of Environmental Conservation Environmental Notice Bulletin, but that never happened.
Solar Liberty said a letter was received in March 2023 from the town board withdrawing the company’s application due to the company not submitting a draft scoping document nor taking any other steps to proceed with the application.
In their filing, Solar Liberty said there was never any deadline provided by the town for which to complete the South Main Street project and that the company had intended to complete the SEQRA process once the approvals for another solar project in the town of Busti on Orr Street was received.
The company is asking the court to void the letter from the town that ended the special use permit application for the South Main Street Extension project, saying that the town’s action is in “violation of lawful procedure and due process.”
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