Press-Republican

Environment

September 27, 2012

Big Tupper skiing shelved; lawsuit blamed

(Continued)

Bauer said they would speak with disenfranchised investors, if necessary.

“He’s making public accusations, therefore, he has to be able to substantiate them. And we want to talk to them. We want to clear up any misperceptions that they may have about the role of this lawsuit,” he said.

In March, Protect attorney John Caffry, who wrote the 29-item challenge, told the Press-Republican that they were trying to kill the project.

"We're challenging the approval of the project as it stands," he said then. ... "This project does not comply with the APA Act. ... We've never hid that we were opposed to this project as it is currently proposed."

The Press-Republican asked Bauer if he could estimate how long the legal process would continue.

“We imagine this lawsuit will be settled at some point in 2013,” he said.

DOCUMENTS SOUGHT

Protect filed motions last week seeking copies of email, telephone and personal discussions held between APA, state officials, Gov. Andrew Cuomo's office and the applicant’s lawyer.

The lawsuit challenges “ex parte” communications after the formal hearing closed, claiming that any communication from APA and or state officials should have been shared with all parties to adjudication.

“We are looking for any communication — via email, via phone, via personal visits to senior staff or commissioners at APA that took place concerning the ACR project with elected officials, including the governor and his staff, and at the local level,” Bauer said.

They maintain that law bars anybody from having these types of conversations during APA-ordered adjudicatory proceedings.

The litigation, Bauer said, is largely based on procedural matters.

Resort owners successfully obtained 14 permits from APA commissioners in January, allowing them to proceed, with conditions, in constructing the first phase of Adirondack Club and Resort luxury homes.

Part of Phase 1 would rebuild Big Tupper ski lodge.

The developers have not been able to proceed due to the ongoing lawsuit.

Email Kim Smith Dedam: kdedam@pressrepublican.com

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