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Genesee County responds to Orleans STAMP sewer project lawsuit

Orleans County is suing the Genesee County Economic Development Center in an effort to stop the construction of a sewage transmission pipeline.

BATAVIA, N.Y. — Attorneys representing Genesee County argue that their neighbor to the north is "wholly without merit" in their attempt to stop the STAMP project in the Town of Alabama

In an unusual move, Orleans County has sued its neighbor's industrial development agency in an effort to stop a key component of the economic development project.

Our partners at Investigative Post first reported this story on Tuesday, when Orleans County filed a complaint against the Genesee County Economic Development Center (GCEDC). They allege that the GCEDC illegally created a subsidiary to lay sewer pipe for the project and that attempts to pursue eminent domain in Orleans County happened without the approval of that county's legislature.

The 20-inch sewer pipe would discharge into Oak Orchard Creek, which Orleans County also argues would do irreparable damage to their fishing and tourism industries.

Genesee County, represented by Phillips Lytle LLP, challenges several of Orleans County's claims in a letter to Judge Frank Caruso including that the "sanitary disposal of treated, sanitary wastewater from STAMP" in Oak Orchard Creek was approved by the Town of Shelby, where the water will be discharged.

That letter includes a document titled "ORLEANS COUNTY PUBLIC HEALTH DEPARTMENT CONSENT TO CONSTRUCTION OF PROPOSED SEWER SYSTEM," which is signed by Orlean's County Public Health Director Paul Petitt.

The letter concludes by saying, "Orleans County’s allegations are wholly inconsistent with the facts and the law, and smack of a frivolous and politicized attack on the STAMP project.  Orleans County has not, and cannot, demonstrate the requisite entitlement to a preliminary injunction. "

For more on this story click here for Investigative Post's further reporting.

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