Avon Wins Hydrofracking Lawsuit
By: Ali Touhey
Updated: March 21, 2013
Avon, NY-- Farmer Joseph Tuchirello could be sitting on a 1000 acre cash cow.
"I think my land rights give me the right to have that and I've been working on that since 1982. "
So, Tuchirello's frustration with the hydrofracking moratorium in Avon and across New York shouldn't surprise you.
But what may is his opposition to the recent dismissal of a $50 million lawsuit against his home town.
"I'm very disappointed in the judge because he's comparing apples with oranges. He doesn't see it the way it needs to be."
Avon Town Supervisor David LeFeber feels differently. "I wish it wouldn't have happened to us," said LeFeber.
"We felt we as a town had the ability to take that action and through the public hearing process had that reaction from our town residents and decided we wanted to enact the moratorium."
State Supreme Court Judge Robert Wiggins deliberated for more than a month before ruling in the town's favor. During that time, LeFeber says he was quietly confident he was waiting for good news.
"I did feel competent and comfortable with the work that we had done as a town board and felt that hopefully our position was good."
In the seven page ruling, the judge repeatedly cites the moratorium or "local law" as "valid," and also goes on to say that it's a "valid exercise of Avon's zoning authority."
Most residents are happy the town is avoiding the hefty suit.
"It was kind of a scary thing," said Bill Wall. "I don't want my taxes to go up $50 million."
"The towns, cities and governments are all going broke. So, I think that's great that they won't have to pay that," said Carol Whitney.
Avon's moratorium expires June 28th, 2013. LeFeber said it's unclear whether the town board will extend it passed that date.
"I think my land rights give me the right to have that and I've been working on that since 1982. "
So, Tuchirello's frustration with the hydrofracking moratorium in Avon and across New York shouldn't surprise you.
But what may is his opposition to the recent dismissal of a $50 million lawsuit against his home town.
"I'm very disappointed in the judge because he's comparing apples with oranges. He doesn't see it the way it needs to be."
Avon Town Supervisor David LeFeber feels differently. "I wish it wouldn't have happened to us," said LeFeber.
"We felt we as a town had the ability to take that action and through the public hearing process had that reaction from our town residents and decided we wanted to enact the moratorium."
State Supreme Court Judge Robert Wiggins deliberated for more than a month before ruling in the town's favor. During that time, LeFeber says he was quietly confident he was waiting for good news.
"I did feel competent and comfortable with the work that we had done as a town board and felt that hopefully our position was good."
In the seven page ruling, the judge repeatedly cites the moratorium or "local law" as "valid," and also goes on to say that it's a "valid exercise of Avon's zoning authority."
Most residents are happy the town is avoiding the hefty suit.
"It was kind of a scary thing," said Bill Wall. "I don't want my taxes to go up $50 million."
"The towns, cities and governments are all going broke. So, I think that's great that they won't have to pay that," said Carol Whitney.
Avon's moratorium expires June 28th, 2013. LeFeber said it's unclear whether the town board will extend it passed that date.
