Niagara Falls seeks contempt order and fines for crypto-mining operator – Lockport Union-Solar & Journal
NIAGARA FALLS — Attorneys for the town of Niagara Falls are asking a State Supreme Court docket justice to discover a cryptocurrency mining firm in contempt for violating a court docket order that directed them to close down their high-energy use facility on Buffalo Avenue.
The request, filed on Dec. 8, asks the court docket to impose a “every day fantastic” towards U.S. Knowledge Applied sciences Group Ltd. and U.S. Knowledge Mining Group Inc, doing enterprise as U.S. Bitcoin for alleged violations of a brief restraining order issued by Justice Frank A. Sedita III.
Sedita issued the restraining order on Dec. 1. It directed U.S. Bitcoin to stop “engag(ing) in “any and all types of cryptocurrency mining” pending the end result of a listening to on the town’s request for a preliminary injunction that seeks to shutdown three cryptocurrency mining amenities at present working within the metropolis “except and till” they adjust to a not too long ago enacted sequence of amendments to the town’s Zoning Code that govern the situation and operation of high-energy use industries equivalent to information facilities and crypto-mining amenities.
Town maintains that the present cryptocurrency mining operations are making a “public nuisance” and fascinating in “ongoing violations” of the town’s Zoning Code.
The case has been transferred from Sedita to extra not too long ago put in State Supreme Court docket Justice Edward Tempo. Tempo will maintain a listening to on the contempt request on Jan. 25.
The contempt request applies solely to U.S. Bitcoin. A second crypto mining operation within the metropolis is already shut down after being broken by a fireplace and a 3rd is reportedly engaged in searching for compliance with the brand new high-energy use zoning necessities.
All three crypto-mining corporations within the Falls acquired letters, in November and December 2021, from the town’s Division of Code Enforcement, advising them that they had been in violation of the town’s Zoning and Constructing codes and demanding that they “stop and desist” their operations till they had been in compliance.
In September, The Metropolis Council, on a 4-1 vote with Council Member Donta Myles opposed, accepted a set of recent high-energy use amendments to the Zoning Code. These amendments had beforehand been accepted and advisable to the council by each the Niagara Falls and Niagara County planning boards.
Metropolis residents dwelling close to the three crypto-mining operations flocked to a public listening to in July to demand motion on what they described as unreasonable noise created by the cryptocurrency amenities.
“Firstly of the yr my house was invaded, by noise. It has modified my life. It’s fixed, 24 hours a day,” mentioned Bryan Maacks, who lives close to the U.S. Bitcoin facility inside what had been an deserted industrial plant on Buffalo Avenue. “I’m right here for myself and my psychological well being.”
Along with the three bitcoin mining amenities which can be topic to the present authorized motion, two to 3 extra crypto amenities are reportedly searching for to ascertain operations within the Falls.
The brand new Zoning Code amendments limit high-energy use amenities, like information facilities and bitcoin mining operations, to areas which can be zoned just for industrial makes use of. The amendments additionally act as a so-called “overlay” to the town’s present industrial zoning necessities and add new restrictions that require bigger set-backs of the excessive power use amenities from their neighbors.
The modifications additionally impose strict limits on noise generated by the excessive power use operations.
Representatives of the three operators named within the authorized motion have beforehand requested that their amenities be exempted from the brand new Zoning Code necessities. A calls to the lawyer representing U.S. Bitcoin was not instantly returned.