STAMP court case between Orleans and Genesee pushed back

ALBION – The court case between Orleans and Genesee counties, where Orleans is trying to block a sewer main from being built on Route 63 in Shelby, was scheduled for a court appearance on Wednesday.

The lawyers representing the parties were scheduled for a 2:30 p.m. court session before Judge Frank Caruso in Niagara Falls.

But the court appearance was cancelled and court officials are working with the attorneys to line up a new date.

Orleans is represented by Lippes Mathias LLP in Buffalo and contends Genesee didn’t have the county’s permission to install the sewer main in Orleans County. The sewer, at full buildout of the STAMP manufacturing site in the Town of Alabama, would direct 6 million gallons of treated water to the Oak Orchard Creek.

Orleans contends that would have a negative impact on the county’s fishing industry, which is a nearly $30 million economic boost to Orleans County. The additional water from STAMP could also hurt the economic development efforts in Medina by overtaxing the creek, Orleans attorneys say in the lawsuit. (The Town of Shelby has since joined the lawsuit as an intervenor.)

Genesee County in its court filings contend Orleans gave consent to the project, which was years in the making, by never objecting to it – until the very last moment. Its years of silence should be viewed as support of the project, say attorneys from Phillips Lytle LLP, which are representing the Genesee County Economic Development Center and others named in the lawsuit – G. DeVincentis & Son Construction Co., Inc., Genesee Gateway Local Development Corporation, and STAMP Sewer Works, Inc.

The attorneys called the lawsuit from Orleans “a baseless attempt … to obstruct or delay construction of a long-planned, duly-approved infrastructure project.”

The Genesee attorneys claim Orleans is making “obstructionist proceeding” in a last-ditch attempt to stop the project as part of an “extortionate” demand from Genesee for money to get the Orleans blessing.

At full build-out STAMP can accommodate up to 6.1 million square feet of advanced technology manufacturing, office and retail space. GCEDC projects direct employment of up to 9,330 full-time jobs with a regional economic impact for support companies serving the site.

The first two tenants at STAMP – Plug Power and Edwards Vacuum – would have a daily discharge of 50,000 gallons of treated wastewater, GCEDC said.