Saratoga County

Second Saratoga County water lawsuit dismissed

The second of three lawsuits seeking to stop the Saratoga County water project has been dismissed.
PHOTOGRAPHER:

The second of three lawsuits seeking to stop the Saratoga County water project has been dismissed.

In a decision dated Tuesday, state Supreme Court Justice Thomas C. Lynch of Albany dismissed a lawsuit brought by Saratoga Water Services President Alexander Mackay against the state Department of Environmental Conservation, the Saratoga County Water Authority, and Saratoga County.

Mackay was challenging DEC’s 2006 decision to issue a permit to the authority. But Lynch said Mackay hadn’t followed proper administrative procedures with DEC before filing the lawsuit.

“In any event, a review of the merits would result in a dismissal of the petition,” Lynch wrote.

The water authority’s chairman was pleased with the outcome.

“It’s another in a long series of obstacles the water authority has had to overcome,” said John E. Lawler, R-Waterford.

Another Mackay lawsuit was dismissed last year. Mackay still has a lawsuit pending charging the authority and state violated the state constitution by putting a water line in Moreau State Park, but all parties have said there are settlement discussions concerning that action.

The county water project will run water from the upper Hudson River in Moreau to the Luther Forest Technology Campus in Malta, where a proposed Advanced Micro Devices computer chip factory would be a major customer.

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