Judge dismisses lawsuit against North Tonawanda crypto plant, but calls on owners to keep noise down | Local News

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North Tonawanda’s board approved the Digihost site plan on Sept. 8, and the lawsuit wasn’t filed until 54 days later, on Nov. 1.

Richard J. Lippes, attorney for the plaintiffs, contended another state law offers a four-month window.

But William V. Rossi, one of the attorneys for Digihost and Fortistar, said that only applies if there’s no other law setting a shorter window for a particular type of lawsuit.

Because of the power demands connected with the large number of supercomputers needed for el…

“The court finds this matter was untimely filed,” Sedita ruled.

Sedita also said the three residents and the Sierra Club didn’t establish “standing” – a legal term meaning that someone is harmed enough by a particular action that they have the right to challenge it in court.

Sedita said attorneys normally try to establish that by filing affidavits from the plaintiffs detailing the harm that befell them. But Lippes didn’t do that, merely writing in his complaint that the three residents live “nearby” the power plant.

Lippes said none of them live within 1,000 feet of the plant, and Rossi said the power plant has been operating with a state permit for the past 30 years, the same as it is now.

“Allegations of harm must not be conclusory or speculative,” Sedita said. In legal terms, a conclusory allegation is one made without supporting evidence.

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