Last week acting Supreme Court justice Robert Wiggins (Livingston County, NY) ruled in favor of the Town of Avon's fracking ban. He cited Court of Appeals precedents and decisions in favor of local bans in the towns of Dryden and Middlefield. This makes the third NY town to win in a court case challenging a town's right to ban fracking.
Gas drilling company Lenape Resources sued the Town of Avon and the state Department of Environmental Conservation over the town's moratorium on drilling, saying the action threatened to put it out of business after having operated in the town for decades. Owner John Holko asked for $50 million in damages, and said he'd included DEC in the lawsuit because he felt the agency has a duty to stop towns from enacting local bans.
You can read more here.
Read the court decision at http://www.scribd.com/doc/131442865/Avon-HOME-RULE-Decision