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