Envirogas, Inc., Respondent,
v.
Town of Westfield et al., Appellants
Appellate Division of the Supreme Court of the State of New York, Fourth Department.https://leagle.com/images/logo.png
July 9, 1981
July 9, 1981
Attorney(s) appearing for the Case
Damon, Morey, Sawyer & Moot of counsel (Walter F. Drag and James N. Schmit, attorneys), for appellants.
Moot, Spraugue, Marcy, Landy, Fernbach & Smythe (Richard F. Griffin of counsel), for respondent.
Hodgson, Russ, Andrews, Woods & Goodyear (Daniel M. Darrah of counsel), amicus curiae.
John L. Goodell for Town of Kiantone, amicus curiae.
CALLAHAN, DOERR, DENMAN and MOULE, JJ., concur.
Appellate Division of the Supreme Court of the State of New York, Fourth Department.
CARDAMONE, J. P.
This case presents a narrow question, the answer to which has broad implications. We are asked to ascertain whether under the provisions of section 268 of the Town Law a town may be authorized to require that a bond be posted to insure compliance with a zoning ordinance which placed restrictions on the drilling of gas and oil wells. If so, do the bond requirements unlawfully discriminate in violation...
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