In a very high stakes game, a New York landowner and Norse Energy have rolled the dice and last week asked New York’s highest court, the New York York Court of Appeals, to accept their appeal of two lower court losses on the issue of so-called home rule. A copy of both appeals are embedded below.
In early May, a mid-level NY court upheld a mid-level court ruling that says local towns can willy nilly ban all drilling at the pleasure of a simple majority vote at the town board level (see Breaking: NY Court Upholds Local Town Frack Bans). Anti-drillers call it “democracy” and a victory for self-determination. MDN calls it unchecked mob rule because it allows a simple majority to violate the Constitutional rights of the minority–in this case landowners.