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By KIM SMITH DEDAM
SARANAC LAKE — The Department of Environmental Conservation has settled its federal case with Jim McCulley, president of the Lake Placid Snowmobile Club.
"They're going to return the funds spent on my court cases, everything," McCulley said Friday.
Legal costs go back nearly eight years, to the day McCulley received a ticket for driving a snowmobile on the Old Mountain Road, which was marked state land at the time.
The old roadbed runs behind Pitchoff Mountain between Keene and North Elba.
McCulley sued, saying it was a town road and that DEC had no jurisdiction there.
DEC spokesperson Yancey Roy confirmed the settlement Friday.
"The conditions are that Mr. McCulley will be paid $58,000, which represents a portion of his attorney's fees. In signing the agreement, DEC makes no concessions about the liability or the validity of his claims."
At the end of May last year, DEC Commissioner Alexander "Pete" Grannis agreed with DEC administrative legal findings that the old road is property belonging to the towns.
Several environmental groups urged Grannis afterward to reconsider. But Roy said Friday that there were no new developments in Grannis's stance on the Old Mountain Road decision.
McCulley said the settlement was struck as he and attorney Matthew Norfolk of Lake Placid were about to question DEC staff and administrators in preparation for the federal case.
"We were going to start depositions with DEC staff this week," McCulley said.
"Jim and I are very, very happy with the settlement," Norfolk said. "The settlement comes while Jim's motion to amend his complaint to include additional DEC officials is pending, along with allegations that DEC officials prompted environmental groups to intervene in the administrative enforcement proceeding after Commissioner Grannis ruled."
McCulley had filed a complaint with the Attorney General's Office to review alleged misconduct by DEC for improper, ex parte communication in his case, which has not yet garnered any formal response.
DEC's settlement ends a process through several courts.
"Jim won on appeal in Essex County Court; won in DEC's own administrative proceeding, with Chief Administrative Law Judge James T. McClymonds finding Old Mountain Road to be a town road; and Jim won in federal court in 2006 when he defeated DEC's motion to dismiss," Norfolk said. "Jim has won again with this settlement.
"This is a perfect example of how the little guy, the Adirondacker, can win and effectuate change in state government. The settlement brings Jim some vindication and credibility."
A written stipulation of McCulley's settlement will be signed and submitted to Judge Kahn of the U.S. District Court very soon, Norfolk said.
"And thereafter Jim will receive the settlement funds."
"It's been a long road, ironically," McCulley said. "You really don't how relieved I am to be done with it."
E-mail Kim Smith Dedam at: kdedam@pressrepublican.com
