Railway Preservation News

NY State Appealing Adirondack Scenic RR Decision
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Author:  Alexander D. Mitchell IV [ Fri Nov 03, 2017 8:39 am ]
Post subject:  NY State Appealing Adirondack Scenic RR Decision

To the surprise of absolutely no one paying attention with a bit of brain capacity:

http://www.adirondackdailyenterprise.co ... il-ruling/

The state attorney general’s office, on behalf of the state departments of Environmental Conservation and Transportation and the state Adirondack Park Agency, has filed a notice to appeal the recent court decision shooting down a proposed rail-trail plan.

In September, acting state Supreme Court Justice Robert Main Jr., of Malone, found that the state’s plan to replace 34 miles of train tracks between Lake Placid and Tupper Lake with a multi-use trail was inconsistent with New York’s Adirondack Park State Land Master Plan. He said the definition of a travel corridor does not include pedestrian uses.

The lawsuit was filed by the Adirondack Railway Preservation Society, which operates seasonal tourist trains on the corridor under the Adirondack Scenic Railroad name. Bill Branson, of Skaneateles, chairman of the board of ARPS, said the appeal is between the state and the court.

“We’re really not on that side of things,” Branson said Thursday. “We’re not thinking about it; we’re carrying on our business. We’re continuing along with our business plan, and if the state appeals, that’s fine.”

Although the DOT owns the corridor — except for two parcels, one in Saranac Lake and one in Lake Placid — it had developed a memorandum of understanding that would have allowed the DOT to retain ownership while letting the DEC manage the trail. But Judge Main found the plan, approved by the APA last year, would essentially take the 34 miles of corridor out of the travel corridor land designation.

“The multi-recreational use trail would be just that, a recreational trail,” Judge Main wrote. “The SLMP [State Land Master Plan] expressly defines travel corridors in terms of either automobile or railroad transportation. … The Court rejects respondents’ self-serving conclusion that the 2016 UMP is consistent with the SLMP.”

More at the link.

Author:  dinwitty [ Fri Nov 03, 2017 1:41 pm ]
Post subject:  Re: NY State Appealing Adirondack Scenic RR Decision

they did not plan deep enough, why the lawsuit and so on, I dont think any appeal will work.

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