Victory comes on the heels of similar ruling for Dryden
Joe
Mahoney
COOPERSTOWN — In a major setback for the natural gas industry, a
state judge today upheld the legality of the town of Middlefield's ban on
drilling for natural gas, marking the second victory of the week for home rule
advocates out to stop hydrofracking.
Acting State Supreme Court Judge Donald Cerio, in an 11-page
decision, said there was "no support" for claims that the state
Legislature, by enacting the Environrmental Conservation Law in 1981, intended
to "abrogate the constitutional and statutory authority vested in local
municipalities to enact legislation affecting land use.
"
The lawsuit aimed at upending revisions to
Middlefield's zoning law that were enacted last year was brought by Jennifer
Huntington, owner of Cooperstown Holstein Corp., a company that has leased
nearly 400 acres in the town to a gas drilling company.
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