New York State Fails to Appeal
On April 11, 2016, the ARPS Board of Directors filed with the Supreme Court of New York State, Franklin County, a petition seeking to reverse the actions by the NYS Departments of Transportation, Environmental Conservation and the Adirondack Park Agency that redefined the Remsen-Lake Placid rail travel corridor. The petition sought a ruling that NYS acted in an arbitrary and capricious manner that damaged the ARPS and was not consistent with the State Land Master Plan.
On September 24, 2017 Judge Main, acting Supreme Court justice, ruled that the actions by the NYS agencies were indeed arbitrary and capricious. He ruled 1) that the 1996 UMP remains the operative document providing guidance for the corridor; 2) that DEC is enjoined from any track removal or alterations until all of the court’s findings have been remedied and; 3) that “the May 17, 2016 approval of the 2016 UMP is annulled and vacated in its entirety, and in each and every part.”
On December 1, 2017 the NYS Attorney General filed a notice of intent to appeal, to reserve the option to appeal the ruling by Judge Main. The final deadline for the Attorney General to provide information to support an appeal was April 6, 2018.
The Appellate Division, Third Department, in Albany County has confirmed that NYS DID NOT file a timely appeal or information to explain why a further delay was needed. Pending a ruling by the Appellate Court, NYS can no longer appeal Judge Main’s ruling.
The Adirondack Park Agency has begun a process to amend the Adirondack Park State Land Master Plan to redefine the nature of the Remsen – Lake Placid corridor and any future rail corridor NYS may acquire. It will have no effect on Judge Main’s ruling. It is the beginning of a long process to create an amendment, with an uncertain outcome.
The 1996 Unit Management Plan remains the authoritative and guiding document for the R-LP Corridor. The Board of Directors of ARPS intends to operate trains as in the past. We look forward to working with our volunteers to provide customers of the Adirondack Scenic Railroad with an enjoyable and memorable experience.
THANK YOU ALL FOR YOUR CONTINUING SUPPORT.
Bill Branson on behalf of the Board of Directors
Click on the map locations for more information about all of our stations!
Utica Union Station
321 Main Street Utica, NY 13501 1-800-819-2291
Thendara Station 2568 State Route 28 Thendara, NY 13472 1-800-819-2291
Lake Placid Station
Saranac Lake Union Depot
Saranac Lake Union Depot 42 Depot Street Suite #1 Saranac Lake, NY 12983 1-800-819-2291
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