BATH- It's up to a judge to settle a dispute over a plan to build wind farms in the town of Prattsburgh. When completed, the wind turbines would be similar to the ones now being built in Cohocton.

Friday lawyers for people opposed to the eminent domain proceedings went before a judge to try to stop it. Their lawsuit says the town supervisor, whose vote allowed the project to go forward has a conflict of interest, because he helped First Wind buy some land.

A lawyer for the property owners says he feels he has a good case.

“The judge certainly recognizes that the developer and the town have a very hard time getting around the fact the supervisor did receive compensation in the transaction. It’s something they simply are not going to be able to explain away,” says Derek Brocklebank.

Judge Marianne Furfure says she will have a ruling on the case sometime in the future. No word on when that ruling will be issued.

Town Supervisor Harold McConnell previously said he received a nineteen hundred dollar commission.

Our calls to the Prattsburgh town attorney and a First Wind attorney were not returned.