Cooperstown Holstein Corp. v. Town of Middlefield

OPINION

OF THE COURT

Donald F. Cerio, Jr., J.

This matter comes on before the court upon plaintiffs notice of motion for summary judgment dated October 28, 2011, seeking a declaration of this court that defendant Town of Middle-field’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 Law § 23-0303. Defendant submitted a notice of cross motion dated December 5, 2011, opposing the relief requested by plaintiff and seeking…