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COOPERSTOWN v. MIDDLEFIELD

2011-0930.

35 Misc.3d 767 (2012)

943 N.Y.S.2d 722

2012 NY Slip Op 22080

COOPERSTOWN HOLSTEIN CORPORATION, Plaintiff, v. TOWN OF MIDDLEFIELD, Defendant.

Supreme Court, Otsego County.

Decided February 24, 2012.

Attorney(s) appearing for the Case

Michael Wright for plaintiff. Victor Meyers for defendant. Deborah Goldberg for EARTHJUSTICE, amicus curiae. John Henry for Town of Ulysses, amicus curiae.

OPINION OF THE COURT

DONALD F. CERIO, JR., J.

This matter comes on before the court upon plaintiff's notice of motion for summary judgment dated October 28, 2011, seeking a declaration of this court that defendant Town of Middlefield's zoning law pertaining to gas, oil, or solution drilling or mining and the ban on gas, oil or solution drilling or mining within the Town of Middlefield is void as being preempted by New York State Environmental Conservation...

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