This past week, the Appellate Division of State Supreme Court ruled that the Old Mountain Road that runs through the public’s Sentinel Wilderness between Keene and North Elba remains a town road and is not abandoned by either town. The court thus overturned a decision by former Department of Environmental Conservation Commissioner Joe Martens in 2016 and affirms an enforcement proceeding decision by former DEC Commissioner Pete Grannis in 2009.
It’s been a long, bumpy and controversial legal ride to this point. What is so perplexing about it is that the NYS Department of Environmental Conservation could have prevented it from ever happening if the DEC had asserted certain legal authority it has been wary of asserting. In a few places where it’s obviously warranted, DEC should start to employ that legal authority again. » Continue Reading.