By Kaitlin Carney
ELDRED — The Highland Field and Stream Club, Inc. filed a Notice of Claim against the Town of Highland as a result of the recently passed Local law No. 3, which bans high-impact industrial uses, including fracking.
Receipt of the Notice was confirmed by the town, but all matters pertaining to potential litigation have been deferred to town attorney Michael Davidoff. Supervisor Andy Boyar was not available for comment.
Marcellus Drilling News, an online media outlet, printed an email from the filing attorney for the club, Brian Troy, on October 1: “The Notice of Claim is a precursor to legal action against the Town of Highland and its elected officials for conflicts between the town board and the Highland Field & Stream Club, Inc. Furthermore, the Notice of Claim alleged the Town of Highland violated the constitutional rights of the Highland Field & Stream Club, Inc. by depriving the Highland Field & Stream Club, Inc. of its mineral rights without proper compensation when the town passed Local Law 3 on July 10, 2012, banning gas drilling.”
According to a copy of the Notice obtained by the Democrat, the town is “herby notified that unless the claim above is adjusted, resolved, remedied and paid within the time provided by law from the date of presentation to you, the claimant intends to commence legal action in a court of competent jurisdiction seeking the appropriate relief.”
Signing for the club was President Frederick Reber.
Local Law No. 3 was passed unanimously after a series of highly attended public hearings and informational sessions.
The Town of Highland will hold its regular monthly board meeting on Tuesday, October 16, 2012 at 7 p.m. in the Town Hall in Eldred.