Legal Opinion
Wallach v. Town of Dryden
New York Court of Appeals
Decided June 30, 2014PublishedCited by 34 opinions
1Opinion of the Court
OPINION OF THE COURT
Graffeo, J.
We are asked in these two appeals whether towns may ban oil and gas production activities, including hydrofracking, within municipal boundaries through the adoption of local zoning laws. We conclude that they may because the supersession clause in the statewide Oil, Gas and Solution Mining Law (OGSML) does not preempt the home rule authority vested in municipalities to regulate land use. The orders of the Appellate Division should therefore be affirmed.
L
Matter of Wallach v Town of Dryden
Respondent Town of Dryden is a rural community located in Tompkins County,…
2Cases cited10 opinions
- Gernatt Asphalt Products, Inc. v. Town of SardiniaNew York Court of Appeals · 1996
- DaimlerChrysler Corp. v. SpitzerNew York Court of Appeals · 2006
- Albany Area Builders Ass'n v. Town of GuilderlandNew York Court of Appeals · 1989
- Udell v. HaasNew York Court of Appeals · 1968
- DJL Restaurant Corp. v. City of New YorkNew York Court of Appeals · 2001
5 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Walter R. Beardslee v. Inflection Energy, LLCNew York Court of Appeals · 2015
- The People v. Freddie ThompsonNew York Court of Appeals · 2016
- Marchuk v. Faruqi & Faruqi, LLPDistrict Court, S.D. New York · 2015
- Beardslee v. Inflection Energy, LLCCourt of Appeals for the Second Circuit · 2014
- Beardslee v. Inflection Energy, LLCCourt of Appeals for the Second Circuit · 2015
29 more not listed; retrieve them via the Exa API.