Article 78 Takings Case

Dear Friends, Coalition Leaders, Landowners, and Natural Gas Supporters,

Our lawsuit against Governor Cuomo, the Department of Environmental Conservation and the Department of Health was filed on February 14, 2014. Our 70,000 landowner lawsuit received widespread national attention. Thank you for everything you did to make this effort possible.

Thank you also to the Mountain States Legal Foundation. Their assistance has been invaluable. On February 14, 2014, MSLF President William Perry Pendley appeared on Fred Dicker Live from the State Capitol. Here is a link to the podcast. Mr. Pendley’s segment starts at 29:10 minutes.

As many expected, the New York State Attorney General has already requested an adjournment of the proceedings. Over the opposition of our attorneys, the court gave the Attorney General until April 4, 2014 to respond to our Petition. Oral argument will be scheduled as soon as a judge has been assigned to our case. It’s hard to believe that after 6 years, our State continues its deliberate attempts to delay the SGEIS.

The case of Mark Wallach, as Trustee for Norse Energy v. New York State et al. is still on the court calendar to be argued on March 7, 2014.

We encourage Governor Cuomo to move forward with real economic opportunities instead of proposing a continuous stream of economic development gimmicks. He only needs to look to our neighboring states to see how they have benefited from the development of our domestic resources.

We hope Governor Cuomo will move New York out of the politics of paralysis and join our Nation’s leaders who have embraced the miracle of this American energy revolution.

We will keep you updated as the litigation against our state continues. As always, thank you for your support.

Warm Regards,
Dan Fitzsimmons, President
Joint Landowners Coalition of New York, Inc.

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