Cooperstown Holstein Corp. v. Town of Middlefield

• Decision Date: 02 May 2013
• Citation: 106 A.D.3d 1170,964 N.Y.S.2d 431,2013 N.Y. Slip Op. 03148
• Parties: COOPERSTOWN HOLSTEIN CORPORATION, Appellant, v. TOWN OF MIDDLEFIELD, Respondent.
• Court: New York Supreme Court — Appellate Division

106 A.D.3d 1170
964 N.Y.S.2d 431
2013 N.Y. Slip Op. 03148

COOPERSTOWN HOLSTEIN CORPORATION, Appellant,
v.
TOWN OF MIDDLEFIELD, Respondent.

Supreme Court, Appellate Division, Third Department, New York.

May 2, 2013.

Levene, Gouldin & Thompson, LLP, Binghamton (Scott R. Kurkoski of counsel), and The West Firm, PLLC, Albany (Thomas S. West of counsel), for appellant.

Whiteman, Osterman & Hanna, LLP, Albany (John J. Henry of counsel), for respondent and Town of Ulysses and others, amici curiae.

Cynthia Feathers, Glens Falls, for New York Farm Bureau, amicus curiae.

Sidley Austin, LLP, Washington, D.C. (Joseph R. Guerra of counsel), for American Petroleum Institute and others, amici curiae.

Levene, Gouldin & Thompson, LLP, Binghamton (Scott R. Kurkoski of counsel), for Business Council of New York State, Inc. and others, amici curiae.

[964 N.Y.S.2d 432]

Susan J. Kraham, Morningside Heights Legal Services, Inc., New York City, for Vicki Been and others, amici curiae.

Nancy S. Marks, Natural Resources Defense Council, New York City (Katherine Sinding of counsel), for Catskill Mountainkeeper and others, amici curiae.

Tooher & Barone LLP, Albany (John L. Barone of counsel), for A & E Management & Contracting, Inc., and others, amici curiae.

Before: PETERS, P.J., STEIN, SPAIN and GARRY, JJ.

PETERS, P.J.

[106 A.D.3d 1170]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 summary[106 A.D.3d 1171]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 within the Town, commenced this action seeking a declaration that the zoning law was preempted by the Oil, Gas and Solution Mining Law ( seeECL 23–0301 et seq. [hereinafter OGSML] ). Following joinder of issue, plaintiff moved for summary judgment and defendant cross-moved for summary judgment dismissing the complaint. Additionally, various groups moved for, and were granted, leave to file amicus curiae briefs.¹ Concluding that the zoning law was not preempted by the supersession clause of the OGSML ( seeECL 23–0303[2] ), Supreme Court denied...