Press-Republican

Local News

Discussion

PLEASE NOTE: There is a 150 word maximum for comments. All comments greater than 150 words in length will be deleted in their entirety.

ALSO NOTE: Derisive name-calling of an individual or group will result in the entire comment being deleted. This includes the terms "stupid" and "idiot" and similar references.

Welcome to our new online comments feature. Before you can join the discussion, you must first register with Disqus and verify your email address.

Once you do, your comments will post after they have been reviewed by a moderator.

We welcome your thoughts and your opinions, including unpopular ones. We ask only that you keep the conversation civil and clean.

Not all comments are deemed printable. Some are disqualified, at the newspaper’s discretion, for a number of reasons. Here are some typical practices to avoid in trying to get your comment printed:

There is a 150 word maximum for comments. All comments greater than 150 words in length will be deleted in their entirety.

Don’t state as a fact something that is unsubstantiated or that our editors wouldn't know to be true.

Don’t presume someone’s guilt in a case when it hasn't been established by a court.

Don’t assail or impugn an identifiable individual or group. If you have that kind of criticism, sign your name and submit it as a Letter to the Editor. (There is some leeway on this in connection with public officials, but it is not unconditional.)

Don’t use profanity. This includes the term “tea bagger.”

Don’t be incendiary or tasteless. Those qualities are subjective, of course, and our editors will be the arbiters.

Do not identify yourself in the main content area of the article content form. Only by enforcing this rule can the moderators prevent unscrupulous commenters from falsely identifying themselves as someone they are not.

Don't type in all caps. It is considered the Internet equivalent of shouting.

In sports articles, do not criticize officiating.

Remember, moderators are not allowed to edit any article comments. If an article comment fails any of the above criteria, the entire comment will be deleted.

We monitor comments Monday - Friday, 8 a.m. to 8 p.m. Saturday and Sunday, 2 p.m. to 8 p.m. Approval of comments outside these times may be delayed.
comments powered by Disqus
November 26, 2008

State lawyers lend support to Tupper Lake resort lawsuit

By JACOB RESNECK

TUPPER LAKE — The State Attorney General’s Office is supporting a legal challenge brought by opponents of the proposed Adirondack Club and Resort.

The “friend of the court” brief — filed on behalf of the State Department of Environmental Conservation — supports claims brought by environmentalists and residents challenging the Town of Tupper Lake’s rezoning of 6,248 acres as a “planned development district” in 2006.

That move was in anticipation of hundreds of luxury homes and a revitalized Big Tupper Ski Area, which closed in 1999.

The lawsuit contends the Town Council should have ordered an environmental study before reclassifying the property into a single planned development district.

A Franklin County judge dismissed the residents’ lawsuit a year ago.

But the case was rekindled in September when plaintiffs appealed.

Lawyers from both sides will deliver oral arguments next month before the Appellate Division of State Supreme Court.



WEIGHING IN

State Assistant Attorney General Susan Taylor recently filed the brief that says the town failed to fully comply with state environmental law in rezoning.

“The town board’s decision to approve the rezoning without taking a hard look at the environmental impacts of its legislative action was inconsistent with (the state environmental law’s) goal of incorporating environmental considerations into the decision-making process,” she wrote.

DEC spokeswoman Lori Severino emphasized that the filing doesn’t mean state agencies are taking sides in an ongoing dispute between the resort sponsors and critics who contend the project is too big for Tupper Lake.

“Our agency doesn’t take a position of the merits of the development of this project,” Severino said.

Instead, the brief is meant to give the court guidance on state environmental law.



APA REVIEW

The town did not order an environmental impact review because the state Adirondack Park Agency’s own review satisfies that requirement, said Tupper Lake Town Attorney David Johnson.

The state’s legal brief is a surprising turn of events, he said.

“I’m surprised that they’d be looking for jurisdiction over a matter that the APA already has jurisdiction over,” Johnson said.

“There’s no question about that. They (APA) make an environmental review of the project.”

Franklin County Judge David Demarest made the same point when he dismissed the case last year.

But state lawyers argue that the lower court’s decision creates a bad precedent, inviting other Adirondack towns and villages to improperly offload legal responsibilities of review onto the APA.



PLAINTIFFS ‘DELIGHTED’

David Gibson of the Association for the Protection of the Adirondacks, a plaintiff in the suit, said his group had asked DEC to weigh in.

“We were simply delighted that the department and the state found our papers, and the merits of our appeal, worthy of their involvement.”

There has been little visible progress on the Adirondack Club and Resort since the APA Board of Commissioners voted last year to send the project to a formal round of adjudication.

Public hearings were put on hold after the developer entered closed-door mediation with neighbors and the project’s opponents.

Both sides have informally reported progress, but a strict confidentiality agreement has bound all parties from discussing the substance of the negotiations.

Text Only | Photo Reprints
Breaking News
New Today
  • sweet_adelines2_2_12_12
    Plattsburgh's Sweet Adelines sing music of the heart

    Sweet Adelines spread message of love on Valentine's Day with yearly singing valentines.

    Posted: 1 hour 1 Photo
  • Ticonderoga faces severe school cuts

    The district is starting its new budget process almost $2 million in the hole. Officials are seeking public input on the problem.

    Posted: 2 hours
  • Tentative contract reached with officers

    The deal with New York state would cover the 2,800 members of the New York State Correction Officers and Police Benevolent Association who typically work at specialized state centers such as the Sunmount Development Disabilities Services Office in Tupper Lake.

    Posted: 2 hours
Local News

Recent Article Comments
Albany Round-up

Photo of the Day
Strange News
Videos: Editor Picks
Pop Music Superstar Whitney Houston Dies at 48 Whitney Houston's Church Mourns Her Passing Reaction to Houston's Death at Clive Davis Party 79 Turtles Seized at Shanghai Airport Severe Cold Wreaks Havoc in China Fuel Removal Under Way on Capsized Italian Ship Police: Houston Found Dead in Her Hotel Room Paul Suffers Narrow Loss to Romney in Maine Palin Brings Anti-Washington Message to CPAC Obama Scraps Birth Control Mandate Navy Names Ship for Gabrielle Giffords Uzbek Man Pleads Guilty in Plot to Kill Obama Marines: No Punishment for Nazi-like Flag Vets Look to Translate Military Skills Into Jobs Raw Video: School Bus Burst Into Flames Pentagon: Allow Women Closer to Front Lines Raw Video: Italy's Mount Etna Bursts Into Life Air Force Airlines: Leaders Get Polished Service Ga Girl Fights Off Kidnapper at Walmart Skip the Coffee Cup and Inhale Your Caffeine Fix