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June 5, 2014

Top state court hears fracking appeal

(Continued)

Ommegang and Otsego 2000 joined a so-called amicus curiae, or “friend-of-the-court” brief, that supported the Middlefield ban, and the town of Otsego has enacted a similar ban.

“I’m optimistic the court will uphold our law,” Bliss said. “The judges have to play devil’s advoccate, trying to get both sides to reveal whatever they can get them to reveal. I feel our attorney (John J. Henry of Albany) did a great job.”

So far, advocates for home rule have been on the winning side. Last year, the mid-level appellate division affirmed a lower court ruling in dismissing the lawsuits aimed at upending the Middlefield and Dryden bans.

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