On June 28, 2012, the Town Board of Avon enacted a Local Law placing a moratorium on fracking within the Town. The Moratorium made clear that new natural gas and petroleum extraction activities would not be permitted within Avon during the period of the Moratorium. Unsuccessful in its attempts to persuade Avon officials to vote in favor of its position, on or about November 14, 2012 a large natural gas developer sued Avon seeking not only a declaration that the ordinance was invalid, but sought $50,000,000 in damages. The natural gas developer alleged that the ordinance was an invalid exercise of the Town’s police powers, and asserted that it had to shut down all operations in the Town, and suffered millions of dollars in damages as a result thereof. Partner Michael McClaren of Webster Szanyi, LLP argued to the Livingston County Court Supreme Court, and ultimately the Appellate Division Fourth Department, that the Moratorium was a proper exercise of the Town’s local zoning authority. By Decision dated October 3, 2014 the Fourth Department agreed and dismissed the lawsuit. A copy of the decision can be located at: http://www.nycourts.gov/courts/ad4/clerk/decisions/2014/10-03-14/PDF/1016.pdf
