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Misreading to mislead

September 14, 2012
Adirondack Daily Enterprise

To the editor:

It has been clear for a long time that the people of Tupper Lake realize the significance of the Adirondack Club & Resort and the danger to the community that radical ideological groups like Protect the Adirondacks and the Sierra Club present. The most recent proof of that realization and its emotional consequences occurred Wednesday, when a constant flow of people engulfed Tom Lawson and asked whether the ACR was willing to "start over again."

The question was asked as a result of a misleading letter to the Adirondack Park Agency sent on behalf of Protect and the Sierra Club that was based, entirely, on an inapplicable and, therefore, irrelevant provision of the APA Act.

The letter incorrectly asserted that the APA decision was subject to conditions. It was not. The letter then stated that, because the decision was subject to conditions, certain things had to be done within a six-month period. That is wrong.

Although, like most extremists, the staff of Protect may believe that anything they say is divinely inspired, there is no evidence of that. An assertion by the group or its lawyer does not change the law or the facts.

The fact is the APA decision was not conditional. The law is that the six-month statutory requirement cited by counsel for Protect and the Sierra Club is irrelevant because it applies only to decisions subject to conditions.

If any of your readers will take the time to read the letter and Section 809 of the APA Act, they will see that the author of the letter carefully programmed his use of the words "approval," "order," "decision" and "permit" to mislead any reader.

The letter is simply another tactical effort by the few remaining ACR opponents to deceive the public and delay the ACR.

The preservation groups have a track record with respect to the ACR that should not be ignored in evaluating the letter they sent to the APA or the press releases they issue. They have lost every related case that got to court.

Michael D. Foxman

Elverson, Pa.



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