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COOPERSTOWN HOLSTEIN CORP. v. TOWN OF MIDDLEFIELD

515498.

106 A.D.3d 1170 (2013)

964 N.Y.S.2d 431

2013 NY Slip Op 3148

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

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

Decided May 2, 2013.

Peters, P.J.

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 (see ECL 23-0301...

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