Takings????

Takings????

Postby bigblue » Fri Mar 31, 2017 6:54 am

Wasn't there a takings lawsuit out there? Did I miss something? Was it dismissed? Is it still going on? Just checking.
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Re: Takings????

Postby chasgas » Fri Mar 31, 2017 7:36 am

http://www.windsorcolesvillelandownersc ... um.php?f=3

open the top thread, it explains some..................

This past fall, we reported that a year after New York State banned fracking, no one decided to file a legal challenge. It turns out that's not perfectly accurate. A single landowner, who happens to be an East Rochester attorney, did indeed sue.

David Morabito still thinks he can win his case; he says the state does not have standing to prevent him from extracting gas on his property in the Southern Tier.

Morabito joins us to explain his lawsuit, and why he's taking up a lonely crusade when other pro-fracking groups decided not to sue.


ANY UPDATES????????????

i sent him an e-mail inquiring of the status. no response to date.

chasgas
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Re: Takings????

Postby chasgas » Mon Apr 03, 2017 6:32 pm

here's what i can share...

within days a decision is expected in the State of New York Supreme Court, Appellate Division Third Judicial Department regarding david Morabito's lawsuit.

chasgas

ironically, losing in ny court is a good thing!!! :shock: :shock: :shock:

stay tuned.......................................
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Re: Takings????

Postby bigblue » Wed Apr 05, 2017 6:49 am

Thanks for keeping us up to date Chasgas. Looking forward to the decision. I'm not sure I understand the irony of losing in NY court though. I hope we don't have to find out.
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Re: Takings????

Postby chasgas » Wed Apr 05, 2017 2:25 pm

losing in ny court is actually a better way of getting to federal court, the true goal...

takings cases can languish in state court for tens of years...

*if* david m. gets this to federal court, we landowners will have the opportunity to join in on the class action suit... imagine a couple hundred thousand landowners pursuing a few TRILLION dollars in damages...

chasgas

bigblue, your welcome and a thanks to you for bringing up the subject... ;)

i had a very nice conversation with david m. as did our attorney scott k... very nice guy... he's looking to organize western ny landowners in preparation for the class action suit... he's very impressed with how organized and informed our areas landowners are... he looks forward to doing the same thing in his area...
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Re: Takings????

Postby bigblue » Thu Apr 06, 2017 7:49 am

Great! Thanks for clarifying that. Hopefully we can get this coalition cooking (with gas) :D again. It's good to hear that there might be something on the horizon.
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Re: Takings????

Postby chasgas » Fri Apr 07, 2017 11:34 am

http://www.courts.state.ny.us/ad3/

if you hit Decision Calendars in the red, (i believe) it will announce when the decision has been handed down...

let's hope it's quicker than april the giraffe................

chasgas

this is all new to me, no legal eagle here................... :lol: :lol:
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Re: Takings????

Postby ohajoh » Wed Apr 12, 2017 3:33 pm

Wow, some actual gas news? Was glad to log on, which I do from time to time and see an actual thread with some good news for once!! Thanks for the update and hopefully this is successful.
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Re: Takings????

Postby eupany » Thu Apr 13, 2017 2:00 pm

Looks like the court agreed with the state supreme court that the plaintiff did not have standing to bring a case. So is it off to federal court now? Or is it just dead?
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Re: Takings????

Postby chasgas » Fri Apr 14, 2017 6:24 am

State of New York
Supreme Court, Appellate Division
Third Judicial Department
Decided and Entered: April 13, 2017 523288
________________________________
In the Matter of DAVID R.
MORABITO,
Appellant,
v MEMORANDUM AND ORDER
JOSEPH MARTENS, as Commissioner
of Environmental
Conservation, et al.,
Respondents.
________________________________
Calendar Date: February 16, 2017
Before: Peters, P.J., Lynch, Rose, Devine and Mulvey, JJ.
__________
David R. Morabito, East Rochester, appellant pro se.
Eric T. Schneiderman, Attorney General, Albany (Morgan A.
Costello of counsel), for respondents.
__________
Mulvey, J.
Appeal from a judgment of the Supreme Court (Fisher, J.),
entered February 25, 2016 in Albany County, which, in a
proceeding pursuant to CPLR article 78, granted respondents'
motion to dismiss the petition.
In 2010, then Governor David Paterson issued an executive
order prohibiting respondent Department of Environmental
Conservation (hereinafter DEC) from issuing permits for the use
of high volume hydraulic fracturing (hereinafter HVHF) for the
stimulation of oil and gas wells pending the completion of a
supplemental generic environmental impact statement under the
State Environmental Quality Review Act (see ECL art 8). That
-2- 523288
order was extended by Governor Andrew Cuomo in 2011 and remained
in effect when petitioner, in December 2014, first wrote to
respondent Commissioner of Environmental Conservation seeking
permission to conduct HVHF on his properties in Allegany and
Monroe Counties. Before receipt of a response, petitioner again
wrote to the Commissioner in January 2015 asking whether he could
apply for such a permit and whether the "ban" on HVHF applied
only to commercial operations. Respondent Bradley J. Field, the
Director of DEC's Division of Mineral Resources, responded that
the prohibition of HVHF applied to all owners of property rights,
not to just commercial operations. Petitioner thereafter
commenced this proceeding seeking to, among other things, annul
the determination denying him the ability to conduct HVHF on his
properties. Respondents moved to dismiss the proceeding on the
ground that, among other things, petitioner lacked standing.
Supreme Court granted respondents' motion and petitioner appeals.
We affirm.
We agree with Supreme Court that petitioner lacked standing
to challenge the statewide prohibition on HVHF. "Standing is a
threshold determination, resting in part on policy
considerations, that a person should be allowed access to the
courts to adjudicate the merits of a particular dispute that
satisfies the other justiciability criteria" (Society of Plastics
Indus. v County of Suffolk, 77 NY2d 761, 769 [1991] [citations
omitted]; accord Matter of Association for a Better Long Is.,
Inc. v New York State Dept. of Envtl. Conservation, 23 NY3d 1, 6
[2014]). In order to have standing in a land use matter,
petitioner must demonstrate, among other things, that he "would
suffer direct harm, injury that is in some way different from
that of the public at large" (Society of Plastics Indus. v County
of Suffolk, 77 NY2d at 774).
determination At the time of commencement of this proceeding, petitioner
had not applied for a permit nor offered any proof that he met
any of the requirements to obtain a permit. He offered no proof
of any plans to move forward with the process and conceded that
any plans would necessarily involve commitments by oil and gas
exploration companies, of which he had none. Petitioner's
standing at the time of filing was no different than that of any
landowner in the state; thus he lacked standing to challenge the
-3- 523288 determination
(see Matter of Association for a Better Long Is.,
Inc. v New York State Dept. of Envtl. Conservation, 23 NY3d at 9;
Society of Plastics Indus. v County of Suffolk, 77 NY2d at 778).
Given his lack of standing, the remainder of petitioner's
contentions are rendered academic.
Peters, P.J., Lynch, Rose and Devine, JJ., concur.
ORDERED that the judgment is affirmed, without costs.
ENTER:
Robert D. Mayberger
Clerk of the Court

chasgas

losing is a step toward the federal court... update coming..........................
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