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Judge Rules Against Fracking Lease in New York

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Supreme Court Judge James Gilpatric has ruled that a gas drilling lease signed by a Narrowsburg, New York resident violated a ban in the homeowners association covenants regarding commercial use.

The Weiden Lake Property Owner’s Association filed a lawsuit after resident Jeff Klansky signed a lease that gave Texas based Cabot Oil & Gas five years to “explore for, drill for, produce and market, oil, gas and other hydrocarbons” from Klansky’s 66 acre tract. The association claimed that Klansky’s lease with the gas drilling company violated “clear and unambiguous” covenants that prohibit commercial activities like oil and gas drilling.

Judge Gilpatric allowed the owner to keep the sign on bonus, after Cabot tried to reclaim the $99,225 bonus paid to Klansky, saying that Cabot “made a calculated and knowing decision” to sign the lease “with full knowledge” of the covenants and the association’s position.

The Weiden Lake Property Owner’s Association president, Richard Marcel, said of the lawsuit that the area is a “very pristine environment, and we’re working diligently to try and keep it pristine.” disclaimer: This article: Judge Rules Against Fracking Lease in New York was posted on Monday, August 29th, 2011 at 8:19 pm at and is filed under Toxic Substances Lawsuits.

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