Land Use Law Update: The Court of Appeals Issues a Victory for Home Rule in Wallach v. Town of Dryden and Cooperstown Holstein Corp. v. Town of Middlefield

3 Pages Posted: 24 Oct 2014 Last revised: 4 Sep 2015

See all articles by Maureen Liccione

Maureen Liccione

Jaspan Schlesinger LLP

Sarah Adams-Schoen

University of Oregon School of Law; UALR Bowen School of Law

Date Written: 2014

Abstract

In the midst of the often heated controversy swirling around the issue of hydraulic fracturing (commonly referred to as “hydrofracking” and “fracking”), New York’s Court of Appeals recently issued a straightforward ruling, which focused on long-established precedent concerning the right of municipalities to regulate mining land uses, rather than focusing on the contentious economic or environmental issues surrounding the fracking debate. This article discusses that ruling.

Note: Reprinted with permission from Municipal Lawyer, Summer 2014, Vol. 28, No. 3, published by the New York State Bar Association, One Elk Street, Albany, NY 12207.

Keywords: land use, home rule, fracking, hydrofracking, hydraulic fracturing, zoning, mining, Wallach, Dryden, Middlefield

Suggested Citation

Liccione, Maureen and Adams-Schoen, Sarah, Land Use Law Update: The Court of Appeals Issues a Victory for Home Rule in Wallach v. Town of Dryden and Cooperstown Holstein Corp. v. Town of Middlefield (2014). 28 Mun. Law. 43 (Summer 2014); Touro Law Center Legal Studies Research Paper Series No. 15-30. Available at SSRN: https://ssrn.com/abstract=2513519

Maureen Liccione

Jaspan Schlesinger LLP ( email )

Garden City, NY
United States

Sarah Adams-Schoen (Contact Author)

University of Oregon School of Law ( email )

1515 Agate St.
Eugene, OR 97403-1221
United States

UALR Bowen School of Law ( email )

1201 McMath Street
Little Rock, AR 72202
United States
501-324-9942 (Phone)

HOME PAGE: http://ualr.edu/law/faculty/faculty-members/sarah-adams-schoen/

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