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Old Mountain Road case gets further review

Norfolk adds that Grannis's decision was based on administrative proceedings lasting upwards of four years.

"All of these issues that they seek to now have clarified were thoroughly argued, litigated, and explored in the administrative proceedings," he said. "In addition, they were addressed and decided upon in the criminal action. And finally, these vary issues were fully argued and litigated in a two-day hearing in front of Magistrate Judge David Holmer in the Northern District of New York."

But environmental groups counter that Grannis applied the - quote - "wrong law" when he made his decision on the Old Mountain Road case.

Adirondack Council spokesman John Sheehan contends that Grannis didn't consider the implications of his decision for other, similarly-situated roads along the Forest Preserve.

"This is not a case where we wanted the state to take control of anything that wasn't in its possession already," he said. "We simply wanted the state to be able to determine whether motorized traffic would be allowed on certain sections of the Forest Preserve or not. That's a decision that we believe should be made by those who own the Forest Preserve, which includes everybody in New York - not just the towns that happen to have the Forest Preserve located within their political boundaries."

But town officials, like North Elba Supervisor Roby Politi, say they don't need further clarification. He adds that town work crews put down new gravel on Old Mountain Road last year.

"We've maintained the road to where we have it presently blocked off, because we made an agreement with the town of Keene," he said. "So nothing has changed as far as we're concerned."

Sheehan says he appreciates Politi's position, but he doesn't believe the council's request for further clarification will affect the portion of the road North Elba has invested in.

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