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Tupper Lake resort suit delayed

July 4, 2012
By JESSICA COLLIER - Staff Writer (jcollier@adirondackdailyenterprise.com) , Adirondack Daily Enterprise

TUPPER LAKE - A court case challenging the state Adirondack Park Agency's approval of the Adirondack Club and Resort has been pushed back another month.

The people challenging the decision - environmental groups Protect the Adirondacks and the Sierra Club, and nearby landowners Leslie and Bob Harrison and Phyllis Thompson - were supposed to file papers that responded to the state's answer to their lawsuit on June 18. Then the case was to go to court, to be transferred to the appellate division, on June 22.

But those dates have been pushed back to July 17 and July 20, respectively.

Protect's legal team requested from the APA some documents related to the case under the state Freedom of Information Law a few months ago. The APA couldn't meet a June 6 deadline for the FOIL request, so the two parties agreed on a July 6 deadline for the information if the date for the petitioners' reply was pushed back as well.

The case is set to be transferred from state Supreme Court to the Appellate Division on July 20. Rules dictate that, when an application has gone through an adjudicatory hearing and one of the issues in the challenge is whether the decision was supported by "substantial evidence," the court is supposed to send it straight to the Appellate Division.

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Contact Jessica Collier at 518-891-2600 ext. 26 or jcollier@adirondackdailyenterprise.com.

Fact Box

THE ADIRONDACK CLUB AND RESORT, proposed by a Pennsylvania-based investment group called Preserve Associates, would overhaul the Big Tupper Ski Area in Tupper Lake and build out the land around it with about 700 luxury housing units and various amenities including a spa, a marina and an equestrian center. The project received permits from the state Adirondack Park Agency on Jan. 20 after eight years of negotiating, reworking the application and an extensive adjudicatory hearing.

In March, two environmental groups and three nearby landowners filed a lawsuit to challenge the APA's decision. That suit is working its way through state courts.

The project must also obtain a number of other approvals, including from the state departments of Environmental Conservation and Health, the U.S. Army Corps of Engineers and the local town-village planning board.

 
 

 

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