The general statute of limitations for the filing of an article 78 proceeding is four months. Most likely, the adoption of a local law, such as the Wind Energy Facilities Law, is subject to this general four-month limitation. However, section 282 of the Town Law requires that Article 78 proceedings challenging decisions of town boards pertaining to planning and zoning are subject to a 30 day statute of limitations. If the wind ordinance is characterized as such an enactment, it would be subject to this shorter statute of limitations. While I believe that such an argument, if advanced by the town, would probably fail, there is a danger that a court might impose a 30 day statute of limitations.
In any event, the statute of limitations begins to run from the date that the local law was filed in the office of the Town Clerk. It is my understanding that this filing did not occur until at least August 6, and possibly later.