McCulley wins Old Mountain Road case

He said those decisions should be made locally and the state shouldn't pursue trying to condemn the road. "If the decision is that this is as we've always felt it was - a town road - then the people in the town of Keene and town of North Elba own it," Politi said. "We have property rights. And for the state to take away those rights, I think would be questionable."

Tony Goodwin of the Adirondack Ski Touring Council, which maintains the Jackrabbit Cross Country Ski Trail, said the decision recognizes the work his group has put into the Old Mountain Road, while noting the Lake Placid Snowmobile Club hasn't done anything to improve the road.

"The commissioner should use his power under the highway law to close that road to any further motorized use," Goodwin said. "McCulley may not get a ticket or otherwise be prosecuted for his motorized use of the road, but I consider this to be a very positive decision for skiers and the Adirondack Ski Touring Council."

McCulley had also filed a federal lawsuit against DEC. He said he hasn't decided whether to continue that case. But he plans to pursue reimbursement for his legal fees from the state.

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