HomeMy WebLinkAboutAmicus resolution 6-11-12.pdfMotion: Trustee Andolina
Second: Trustee Karns
Resolution # 7102 to adopt the Amicus Brief as written in the supplemental documents to the agenda.
RESOLUTION OF THE BOARD OF TRUSTEES
OF THE VILLAGE OF CAYUGA HEIGHTS
TO APPROVE BECOMING AN AMICUS CURIAE
IN ACTIONS INVOLVING MUNICIPAL HOME RULE
PENDING BEFORE NEW YORK STATE APPELLATE COURTS
June 11, 2012
WHEREAS, the Towns of Middlefield and Dryden have recently revised their zoning laws to
prohibit heavy industrial uses (including natural gas drilling) in their communities and such laws have
been challenged in court by opponents claiming that the Towns do not have the power to regulate
natural gas drilling as a land use; and
WHEREAS, the Town of Ulysses has filed an amicus curiae or “friend of the court” brief in both
lawsuits in support of its sister Towns in order to reassert the right of municipalities throughout New
York State to determine what land uses are appropriate through the municipal home rule powers granted
by the New York State Constitution and the New York Municipal Home Rule Law; and
WHEREAS, the Town of Ulysses will file another amicus brief when these lawsuits are appealed
to New York appellate courts and has requested that other municipalities in New York State consider
joining the Town of Ulysses’ brief as a powerful statement to the appellate courts, the New York State
Department of Environmental Conservation, and the New York State Legislature about the importance
of protecting municipal home rule in New York State and a municipality’s right to decide, for itself,
whether natural gas drilling—or any other land use for that matter—is appropriate for its citizens.
NOW, THEREFORE, BE IT RESOLVED that:
1. The Board of Trustees hereby determines that it is in the public interest of the citizens of
the Village of Cayuga Heights to support municipal home rule by joining in the Town of Ulysses’
amicus brief to the appellate courts.
2. The Board of Trustees does hereby authorize and direct the Mayor to complete or cause
to be completed any and all such further documents and papers in the name and on behalf of the Village
of Cayuga Heights as the Mayor deems necessary or appropriate to carry into effect the foregoing
resolution.
3. The Village Clerk will send a certified copy of this adopted resolution to the Town of
Ulysses, 10 Elm St., Trumansburg, NY 14886.
All approve (Trustees: Andolina, Karns, Riesman, Mayor Supron)– no nays or abstains –
motion carried
June 11, 2012
Board of Trustee meeting
836 Marcham Hall
___________________________
Mary E Mills, Village Clerk