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"Today I filed an amicus brief with the Court of Appeals, in which I continue to present the legal argument for local zoning control over oil and gas development," she said. "Based on research into both New York State statute and case law, I believe -- as several Supreme Courts and the Appellate Division, Third Department have ruled -- that the Town of Dryden and municipalities across New York retain the ability to use their zoning powers to decide to limit or exclude gas drilling within their borders. I am hopeful that the Court of Appeals will uphold the previous rulings of the lower courts.”
Lifton also filed an amicus brief in the preceding Anschutz case in Tompkins County Supreme Court in 2011 and the Norse case in the Appellate Division, Third Department, in 2012 as well. Her new amicus brief is attached.
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