Fracking Moratorium Lawsuit
6/21/2013 (Updated 9:49:15 PM)A group of landowners in Sidney is suing the town over it's fracking moratorium.
The town board, by a three to two majority, passed a one year ban on the gas drilling process in February.
The attorney for the landowners says both town and municipal law required the board to pass the moratorium by a super-majority, or four votes since it was disapproved by the Delaware County Planning Board.
However, the attorney representing the town says the super majority was not needed because the planning board's decision was late, and town law only calls for a super majority on zoning issues, not one like this moratorium.
"By the explicit, specific, quote me, 'anybody-who-can-read,' terms of the statute, the super majority provision of 239-M do not apply," said David Slottje of the Community Environmental Defense Council.
"Property owners have certain rights under the town law and under municipal law. The town board of Sidney in this instance in our opinion ignored those protections," said Robert Wedlake, a partner at Hinman, Howard, & Kattel.
Attorneys are scheduled to present arguments in front of a Delaware County judge on September 6th.
The Town of Sidney moratorium does not cover the Village of Sidney.
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