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Judge upholds home rule in Dryden case


February 21, 2012

DRYDEN, NY — A New York State judge has ruled in favor of the right of a municipality to adopt zoning that prohibits natural gas drilling within its borders.

In the case of Anschutz Exploration Corporation v. the Town of Dryden and the Town of Dryden Town Board, the Honorable Phillip R. Rumsay of the NYS Supreme Court in the County of Tomkins concluded that the town zoning ordinance is not pre-empted by the state Oil, Gas and Solution Mining Law.

In making his decision, the judge relied heavily on case law established in Frew Run Gravel v. the Town of Carrol, and Gernatt Asphalt Products v. the Town of Sardinia.

The decision can be viewed here

It is very comforting to know

It is very comforting to know that he used case law to come to his decision. It is far to easy today for judges to make their decisions based on their political party. Integrity must be kept in tact.

 

When an order against drilling of either gas or oil there is alway the chance that the decision was not made properly upon the first visit so judges have to disclose their decision making processes.