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Published November 26, 2008 05:50 pm - ‘Friend of the court’ filing alleges town improperly rezoned 6,248 acres.

State lawyers lend support to Tupper Lake resort lawsuit


By JACOB RESNECK
Contributing Writer

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.



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