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Wallach v. Town of Dryden

Court of Appeals of New York
16 N.E.3d 1188 (N.Y. Ct. App. 2014)


Norse Energy Corporation USA (plaintiff) and Cooperstown Holstein Corporation (plaintiff) acquired oil and gas leases in the Town of Dryden and the Town of Middlefield (towns) (defendants) in New York. The towns subsequently passed zoning ordinances prohibiting oil and gas development in the towns. The plaintiffs brought suit against the towns, arguing that the ordinances were preempted by New York’s Oil, Gas and Solution Mining Law (OGSML). The OGSML stated that it would “supersede all local laws or ordinances relating to the regulation of the oil, gas and solution mining industries.” The New York Supreme Court granted the towns’ motions for summary judgment. The appellate court affirmed. The Court of Appeals of New York granted the plaintiffs leave to appeal, and consolidated the cases.

Rule of Law


Holding and Reasoning (Graffeo, J.)

Dissent (Pigott, J.)

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