Delaware County judge reverses fracking ban
SIDNEY – On January 9, Acting Delaware County Supreme Court Judge John Lambert ruled against the 2013 local ban on hydraulic fracturing set into motion by the Sidney Town Board, saying their actions were invalid.
Last year, the Town Board voted to ban the natural gas drilling process within the Town of Sidney's borders. The Delaware County judge ruled the board needed a minimum of four of its members to vote in favor of the moratorium – what's known as a super majority – in order for the local ban to hold, according to Rob Wedlake, attorney for Howard, Hinman & Kattel of Binghamton.
Typically, a majority vote of three of the five board members is all that is needed for motions to pass into law at the town level. In this case the voice of those who own more than 25 percent of the land in the town – more than the 20 percent mandated threshold to enact super majority requirement – led to to the decision and was sited as the reason Judge Lambert defaulted the 2012 moratorium.
Wedlake represented between 30 and 40 Sidney residents who wanted the ability to sell or lease their land to natural gas drilling companies.
Wedlake indicated that the formal objection that had been filed by his clients created the necessity for the super majority vote, and that “the judge's decision could set a legal precedent for other town boards and land owners.
While the ruling stands in favor of those in favor of hydrofracking and the rights of property owners wanting to have complete control over their land, the Sidney Town Board does have the right to an appeal of the carried decision.
Bradd Vickers, Chenango County Farm Bureau President and hydofracking proponent was enthusiastic about the news and said that “It is a victory for property rights.”
Vickers went on to say that, “Too many small town boards have been bullied by non-residents into passing inappropriate laws such as this and other laws like road use laws. All the laws are pointless without the ability to enforce them. In many cases the towns will end up in lawsuits that will cost the taxpayers a lot more dollars than the town had planned on.”
While lawyers have indicated that this ruling is not expected to impact past rulings handed down from the New York State appellate division, which uphold drilling bans enacted by the towns of Middlefield in Otsego County and Dryden in Tompkins County; those bans are most likely going to be tested again later this year, when they are reviewed by the state’s highest court.
Last year, the Town Board voted to ban the natural gas drilling process within the Town of Sidney's borders. The Delaware County judge ruled the board needed a minimum of four of its members to vote in favor of the moratorium – what's known as a super majority – in order for the local ban to hold, according to Rob Wedlake, attorney for Howard, Hinman & Kattel of Binghamton.
Typically, a majority vote of three of the five board members is all that is needed for motions to pass into law at the town level. In this case the voice of those who own more than 25 percent of the land in the town – more than the 20 percent mandated threshold to enact super majority requirement – led to to the decision and was sited as the reason Judge Lambert defaulted the 2012 moratorium.
Wedlake represented between 30 and 40 Sidney residents who wanted the ability to sell or lease their land to natural gas drilling companies.
Wedlake indicated that the formal objection that had been filed by his clients created the necessity for the super majority vote, and that “the judge's decision could set a legal precedent for other town boards and land owners.
While the ruling stands in favor of those in favor of hydrofracking and the rights of property owners wanting to have complete control over their land, the Sidney Town Board does have the right to an appeal of the carried decision.
Bradd Vickers, Chenango County Farm Bureau President and hydofracking proponent was enthusiastic about the news and said that “It is a victory for property rights.”
Vickers went on to say that, “Too many small town boards have been bullied by non-residents into passing inappropriate laws such as this and other laws like road use laws. All the laws are pointless without the ability to enforce them. In many cases the towns will end up in lawsuits that will cost the taxpayers a lot more dollars than the town had planned on.”
While lawyers have indicated that this ruling is not expected to impact past rulings handed down from the New York State appellate division, which uphold drilling bans enacted by the towns of Middlefield in Otsego County and Dryden in Tompkins County; those bans are most likely going to be tested again later this year, when they are reviewed by the state’s highest court.
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