In the Matter of NORSE ENERGY CORP. USA, Appellant-Respondent,
v.
TOWN OF DRYDEN et al., Respondents. DRYDEN RESOURCES AWARENESS COALITION, Proposed Intervenor-Respondent-Appellant.
Appellate Division of the Supreme Court of New York, Third Department.https://leagle.com/images/logo.png
Decided May 2, 2013.
Decided May 2, 2013.
Attorney(s) appearing for the Case
The West Firm, PLLC, Albany ( Thomas S. West of counsel), for appellant-respondent.
Knauf Shaw, LLP, Rochester ( Alan J. Knauf of counsel), for proposed intervenor-respondent-appellant.
Deborah Goldberg , Earthjustice, New York City, for Town of Dryden and another, respondents.
Cynthia Feathers , Glens Falls, for New York Farm Bureau, amicus curiae.
Sidley Austin, LLP, Washington, D.C. ( Joseph R. Guerra of counsel), for American Petroleum Institute and others, amici curiae.
Levene, Gouldin & Thompson, LLP, Binghamton ( Scott R. Kurkoski of counsel), for Business Council of New York State, Inc. and others, amici curiae.
Whiteman, Osterman & Hanna, LLP, Albany ( John J. Henry of counsel), for Town of Ulysses and others, amici curiae.
Jordan A. Lesser , New York State Assembly, Albany, for Member of the Assembly Barbara Lifton, amicus curiae.
Susan J. Kraham , Morningside Heights Legal Services, Inc., New York City, for Vicki Been and others, amici curiae.
Nancy S. Marks , Natural Resources Defense Council, New York City ( Katherine Sinding of counsel), for Catskill Mountainkeeper and others, amici curiae.
Tooher & Barone LLP, Albany ( John L. Barone of counsel), for A & E Management & Contracting, Inc., and others, amici curiae.
STEIN, SPAIN and GARRY, JJ., concur.
Appellate Division of the Supreme Court of New York, Third Department.
OPINION OF THE COURT
PETERS, P.J.
In August 2011, the zoning ordinance of respondent Town of Dryden (hereinafter the Town) was amended to ban all activities related to the exploration for, and the production or storage of, natural gas and petroleum. The amendment occurred in the midst of growing local concern over the proposed use of high volume hydraulic fracturing, commonly known as "hydrofracking," to recover...
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