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ANSCHUTZ v. TOWN OF DRYDEN

2011-0902.

35 Misc.3d 450 (2012)

940 N.Y.S.2d 458

2012 NY Slip Op 22037

ANSCHUTZ EXPLORATION CORPORATION, Petitioner/Plaintiff, v. TOWN OF DRYDEN et al., Respondents/Defendants.

Supreme Court, Tompkins County.

Decided February 21, 2012.

Attorney(s) appearing for the Case

Mahlon R. Perkins, P.C., Dryden ( Mahlon R. Perkins of counsel), for respondents/defendants. George A. Mathewson, Lake George, amicus curiae. Jordan A. Lesser, Albany, for Assemblywoman Barbara Lifton, amicus curiae. Knauf Shaw, LLP, Rochester ( Alan J. Knauf of counsel), and Kendall Law, Rochester ( Amy K. Kendall of counsel), for Dryden Resources Awareness Coalition, proposed intervenor. The West Firm, PLLC, Albany ( Thomas S. West and Yvonne E. Hennessey of counsel), for petitioner/plaintiff.

OPINION OF THE COURT

PHILLIP R. RUMSEY, J.

In this case of first impression, the court is asked to determine whether a local municipality may use its power to regulate land use to prohibit exploration for, and production of, oil and natural gas. The controversy arises from the proposed use of high-volume hydraulic fracturing (hydrofracking) to obtain natural gas from the Marcellus black shale formation which underlies...

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