Cooperstown Holstein Corp. v. Town of Middlefield

Appeal from a judgment of the Supreme Court (Cerio, J.), entered August 8, 2012 in Otsego County, which, among other things, granted defendant’s cross motion for sum*1171mary judgment dismissing the complaint and declared that defendant’s zoning law was not preempted by the Oil, Gas and Solution Mining Law.

In June 2011, defendant enacted a new zoning law which, among other things, categorized all oil, gas and solution mining and drilling as prohibited land uses within the Town of Middlefield, Otsego County. Plaintiff, a corporation which owns oil and gas leases for parcels of real property located…