Posts Tagged ‘Legal History’

Wednesday, October 9, 2019

Court Blocks New Snowmobile Bridge Over Cedar River

On Tuesday New York Supreme Court Judge Robert Muller granted a motion by two Adirondack environmental groups to preliminarily enjoin the Department of Environmental Conservation (DEC) from constructing of a new snowmobile bridge over the Cedar River until a decision is reached in an ongoing lawsuit.

The river is designated as a Scenic River under New York’s Wild, Scenic, and Recreational Rivers System Act.

The preliminary injunction was issued in response to a lawsuit brought by Adirondack Wild: Friends of the Forest Preserve and Protect the Adirondacks!  The court decision halts construction of the trail at the banks of the Cedar River for now. » Continue Reading.


Monday, July 29, 2019

Forever Wild, ORDA and Adirondack Legal History

There are more than three million acres of Forest Preserve in the Adirondack and Catskill Parks today. Yet, the most consequential New York State Court decision restricting the ways we can develop and use the “forever wild” Preserve was all about a few acres of land below Mt. Van Hoevenberg, close to Lake Placid.

There, in 1929, the state planned a “bobsleigh run or slide on state lands in the forest preserve.” About 2500 trees would need cutting to create the bobsled course for the 1932 Olympics. The lower court, the Appellate Division, Third Department, ruled that this activity was unconstitutional on grounds that this was wild forest and therefore must be preserved in its wild state, stating that “we must preserve it in its wild nature, its trees, its rocks, its streams. It must always retain the character of a wilderness.” » Continue Reading.


Thursday, April 18, 2019

Some Old Adirondack Laws Were Nothing To Sneeze At

For a long time now, my youngest son has operated a research laboratory in Singapore. Moving there from America was quite the culture shock, but he was clearly impressed with how clean everything was, a result of many laws that we in the US would consider overbearing. He remains very respectful of the culture there and wouldn’t joke about some of their laws, including one reinforced by signs in and near elevators: No Urinating in Lifts. For me, it instantly begs the question: was this common enough to merit a statute?

But before we scoff at the rules in other countries, consider a few of our own from right here in the Adirondacks. A foray into my vault of odd items culled from the pages of old regional newspapers yields a few similar gems. » Continue Reading.


Wednesday, March 13, 2019

Bauer: ORDA Should Not Play Games With Article XIV

Mt Van Hoevenberg Recreation AreaIt’s not every day that one gets to see a well-worn aphorism ring true. The philosopher George Santayana wrote, “Those who cannot remember the past are condemned to repeat it.”  In the Adirondacks this is now playing out at the Mt. Van Hoevenberg Recreation Area.

The Olympic Regional Development Authority (ORDA) manages this area for a variety of winter Olympic sports – cross-country skiing, biathlon, bobsled, and luge, among others. It’s also a popular cross-country ski area for the public, and starting in 2018 it became the staging area for a new trail to Cascade Mountain, where the public can start hiking in a safe parking area. The facility is located partly on land owned by the Town of North Elba Park District and partly on the State Forest Preserve. The Forest Preserve lands are protected as forever wild by Article XIV of the State Constitution. » Continue Reading.



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