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Published January 06, 2009 03:56 pm - State agency dismisses petition to discuss new Adirondack shoreline regulation.

Nine counties, two towns poised to sue APA


By KIM SMITH DEDAM
Staff Writer

ELIZABETHTOWN — A multi-county petition challenging new Adirondack shoreline rules was wholly dismissed by the Adirondack Park Agency.

A coalition — expanded now to include nine Adirondack counties and two towns — is formulating Article 78 legal action against the state land-use agency.

A conference call between county attorneys at 2 p.m. today pressed the matter of a joint lawsuit, according to Warren County Attorney Paul Dusek.

Essex, Franklin, Clinton, Warren, Saratoga, Fulton, Hamilton, Herkimer and Washington counties, plus the towns of Newcomb and Indian Lake, have put $3,000 each into a joint legal fund to challenge the new shoreline regulation — its efficacy, timeliness and the rationale behind it.

Towns of Bleecker in Fulton Co.; Edinburgh in Saratoga Co.; and Black Brook in Clinton Co. have asked to join in the legal coalition, with several more towns expressing interest from Fulton County, said Fred Monroe, executive director of the Adirondack Park Local Government Review Board.

Only three counties with parcels of land in the Adirondacks are not part of the joint legal action as of Tuesday: Oneida, St. Lawrence and Lewis.

The coalition hired Glens Falls Attorney Dennis Phillips, who said in a brief phone interview today that his law firm does not allow any comment on ongoing litigation.

APA RESPONSE

Dusek said he received a written response by mail from APA this morning.

The eight-page letter defends the APA Act and the 12-year, multi-phase process undertaken to rewrite several rules, including the shoreline revision.

“The process has been entirely public and thorough,” the letter said.

APA then said the counties’ petition didn’t arrive in time for review before the Dec. 12 meeting.

“The petition is untimely since it is too late for the Agency Board to respond or take any action prior to the date of enactment (which was Dec. 31, 2008).”

APA cancelled the regular January meeting, saying they had “no agenda items requiring action.”



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