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
28 Mun. Law. 43 (Summer 2014)
3 Pages Posted: 24 Oct 2014 Last revised: 4 Sep 2015
Date Written: 2014
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
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