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Municipalities Have Power to Zone Out Fracking
What limits are there on a New York municipality's exercise of its zoning power? The Court of Appeals recently addressed that question in the context of municipal ordinances banning fracking, but the implications of the case are broader, suggesting that the state legislature must use explicit language to pre-empt local zoning authority.
The Wallach case
Wallach v. Town of Dryden, 2014 WL 2921399, decided by the Court of Appeals this past summer, actually decided two separate appeals raising nearly identical issues. Both cases involved attempts to exploit natural gas found in shale deposits located deep beneath the earth's surface. Hydraulic fracturing (fracking) uses injection of pressurized fluids to fracture shale formations, causing release of natural gas. Energy companies have targeted areas within the Marcellus Shale formation as energy sources through the use of fracking.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?