JZO
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« on: November 23, 2008, 08:39:38 AM » |
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This will not slow down our Trail Development Program.
Judge dismisses Lewis County ATV suit
NOV. 14 RULING: Court says county lacks legal standing, failed to show how road closures would harm it
By STEVE VIRKLER
TIMES STAFF WRITER
SATURDAY, NOVEMBER 22, 2008
LOWVILLE — A judge in Albany has dismissed Lewis County's all-terrain-vehicle-based lawsuit against the state Department of Environmental Conservation.
State Supreme Court Judge Eugene P. Devine, in a Nov. 14 decision, ruled Lewis County lacks both legal standing and capacity to challenge DEC's decision in April to close truck trails to all-terrain vehicles.
The county, represented by Andrew J. Leja and Emanuela D'Ambrogio of Hiscock & Barclay, Albany, failed to show it "would suffer direct harm, injury that is in some way different from that of the public at large" as a result of DEC's action, Judge Devine wrote in his six-page decision.
The county also failed to establish that conservation easements on state lands were "granted for the purpose of promoting ATV riders' access to the property in question," he wrote.
Judge Devine also challenged the county's assertion that it has the capacity — or right — to sue DEC because that agency impinged upon the county's constitutional home rule powers. Those powers do not include managing state land based on an "alleged indirect positive effect that use of that land for ATVs could have on county roads and commerce in the county," the judge wrote.
He also rejected "unsubstantiated conclusions" that closing the 12 roads in the county to ATV traffic would impede the county's power to regulate transaction of its business, maintain roads and property, protect or enhance the environment or collect local taxes and fees.
DEC was represented by Lawrence A. Rappoport from the state attorney general's office.
County Attorney Richard J. Graham said he was disappointed with the decision but declined further comment until he could discuss it with legislators.
Officials in DEC's Watertown regional office were unavailable Friday afternoon for comment on the ruling.
In April, DEC closed all state forest and easement roads to ATV use, affecting 52 roads totaling 83.5 miles in Lewis, Jefferson and Oswego counties. Department officials said the action was taken to avoid continued violation of Vehicle and Traffic Law, which says agencies and municipalities in the state may designate roads to be used by ATVs "when in the determination of the governmental agency concerned, it is otherwise impossible for ATVs to gain access to areas or trails adjacent to the highway."
County legislators in August by a 10-0 vote approved taking legal action against DEC, suggesting the agency had no justification to classify the thoroughfares in question as roads rather than trails. County officials contended that Vehicle and Traffic Law shouldn't apply to the truck trails because they aren't roads. If DEC wanted to change the designation, officials said, it should have gone through an environmental review process.
Owing to the county's perceived lack of standing and capacity, Judge Devine did not address those issues.
State Supreme Court Judge Joseph D. McGuire last year dismissed two lawsuits challenging the opening of Lewis County roads to ATV traffic on the grounds that the three residents who brought the suit lacked legal standing. However, he ruled in a separate case that the county should not open trails on county reforestation land until conducting a state Environmental Quality Review of a countywide ATV trail system.
That review is expected to be completed soon, and Lewis County trail coordinator Robert C. Diehl is working to bypass most of the closed truck trails — particularly ones that provided connections to Montague and West Turin — with trails on county and private land.
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