The Binghamton court decision affirms Home Rule as applied to gas wells, concurring with both the Dryden and Middlefield court. Problem is the case was not over a land use ordinance, but over a one-off ordinance which the court tossed as defectively enacted, as described in the press release below. Moral: All three courts have agreed that land use ordinances apply - so get your land use ordinance in shape. Before the DEC shovels their regs. out. First the Dryden ruling, then the Middlefield … [Read more...] about 3rd Court Affirms Home Rule
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Leave for appeal has been granted for the New York high court to hear the appeal of the plaintiffs in the Dryden and Middlefield Home Rule cases. By agreeing to hear the case, the Supremes have signaled that this matter, which has been thoroughly adjudicated at four trial courts and one appellate court, has become an increasingly political matter, upon which they want the final say. http://www.nycourts.gov/ctapps/Decisions/2013/Aug13/DecisionList082913.pdf The legal issues have already … [Read more...] about NY Supremes To Hear Home Rule Appeal
Probably for Valentine's Day, when the DEC has a deadline to shovel the dSGEIS out the door. And after over 200,000 comments have been delivered to the DEC's bunker. The DEC has known for some time that they were going to be sued over their comic opera mishandling of the fracking regulations. And now, Team Slottje have laid out the why and how of such an action. As Paul Gallay of Riverkeeper, a former DEC employee, neatly summarized at the Assembly hearing, the DEC's mismanagement of the … [Read more...] about DEC To Get Sued !
Where, selectively, some state court cases - such as the recent Pennsylvania Supreme Court ruling in favor of Home Rule - have no bearing on New York state law (correct) but that some anti Home Rule state court cases do have bearing on New York state law (wrong !). Note that this comes from the Disjointed Landowners Coalition's very own captive Shale Shyster, who has been trying to milk the landowners of their money in order to mount a publicity stunt against the State of New York. Catch is he … [Read more...] about Shale Shyster Opines on Home Rule in Every State But New York
Unhappy with the court rulings that New York law actually allows towns to use their Home Rule powers to prohibit shale gas industrialization - if the town votes to do that - a few disgruntled town officials are threatening to secede and form the Republic of North Fracksylvania - presumably so they can roll the dice on their own leases - at the expense of the rest of the townsfolk. Meaning, they are deeply unhappy that the court has confirmed their ability as town officials to protect their … [Read more...] about The Republic of North Fracksylvania
Home Rule, a municipality's legal right to apply its zoning laws to oil and gas wells, was defended Tuesday in New York State's highest court, the Court of Appeals. The judges grilled both sides, but left the distinct impression that, if the Legislature wants to specifically preclude a municipality from applying land use laws to oil and gas drilling, the Legislature will need to expressly prohibit it. Because the statute in question clearly does not. The trial courts and the state appellate … [Read more...] about New York Court of Appeals Dryden Middlefield Home Rule Videos !
Greg Sovas, former water boy for the frackers at the New York Department of Mineral Resources, current wandering shale shill without portfolio, is now predicting that the New York legislature, or at least the politicos that have been bought off by the fracking lobbyists, are going to weigh in on Home Rule - on the side of the frackers. Which is a roundabout way of saying the frack lobbyists, including the one that has been arguing the case for the frackers, must think that the New York Supremes … [Read more...] about Out of Work Shale Shill Greg Sovas Expounds on Home Rule
Meaning literally "I Friend Home Rule." Thanks to the hard work of many people, the Towns of Dryden and Middlefield have literally been "friended" - in Latin no less - by dozens of cities and towns in their fight to defend their constitutional right to enact land use ordinances. Amicus curiae ("friend of the court") briefs have been filed in support of Home Rule by over 50 New York cities and towns, lead by brave Ulysses. And joined by the Conference of Mayors, the New York Association of … [Read more...] about “I Amicus Home Rule”
Home Rule has been dealt a set-back in Ohio, but not a death blow. Far from it. As Lady Chainsaw (aka Deborah Goldberg) explains, the court ruling did not negate a municipality's ability to apply land use laws - zoning - to oil and gas activity - provided the ordinance is based on a comprehensive land use plan and is limited to land use zoning - not the regulation of drilling. The ruling just prevents towns from trying to regulate the activity of oil and gas drilling - what the court refers … [Read more...] about Don’t Give Up on Home Rule in Ohio. Get it Right.
THE TOWNS OF MIDDLEFIELD AND DRYDEN WIN - FRACK BANS ARE SUSTAINED New York State's highest court, the Court of Appeals, has upheld the right of municipalities to apply their zoning ordinances to prohibt shale gas industrialization. After reviewing the Town of Dryden and Town of Middlefield trial court rulings, the Appellate Court's unanimous affirmation of those decisions, and listening to the oral arguments, the Court of Appeals ruled 5 to 2 in favor of the towns, affirming that oil and … [Read more...] about NEW YORK SUPREMES AFFIRM HOME RULE !