BUFFALO – The Post-Journal is reporting that Chautauqua Institution’s lawsuit against the state Department of Environmental Conservation, Town of Ellery and Chautauqua Lake Partnership will remain in Buffalo.
Judge Donna Siwek of state Supreme Court in Erie County made the decision, agreeing with the argument made by Chautauqua Institution’s lawyers that the institution’s filing is not a continuation of a case brought in February and dismissed in state Supreme Court in Chautauqua County.
Judge Siwek also denied the Institution’s motion to dismiss the Chautauqua Lake Partnership’s attorney from representing it in the proceeding. The sides are now arguing motions to dismiss the petition and the next court date is set for Nov. 14.
The case involves the Institution suing the town of Ellery and the DEC for not following the proper procedure in applying for and allowing the use of herbicides to treat weeds on designated areas of the lake this past June. The institution feels that more information was needed before the state could grant the herbicide permits and feels that any future herbicide use should be contingent on a new application with a more thorough environmental impact study.
The town of Ellery was the lead municipality in filing for the herbicide permit and did so on behalf of the Chautauqua Lake Partnership, a group that was pushing for herbicide treatment to combat the ever-growing problem of weeds in the lake.