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Old 02-11-2017, 05:58 PM   #2
tgoodwin
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Join Date: Apr 2004
Location: Keene, New York
Posts: 244
First of all, Wednesday's thaw melted the ruts somewhat, and we've had snow since, so the Old Mt. Road is fully skiable again.

I won't try to review the entire legal battle, but the McCulley case ended with a judge declaring it still a town road. Just before he left office, DEC Commissioner Joe Martens, used his power to declare the road abandoned and therefore wilderness area. Subsequently, the town of North Elba and Jim McCulley challenged that action by Joe Martens, but the court has yet to rule on that case.

At the same time that the first judge ruled it was a town road, the Towns of North Elba and Keene said that there should be no motorized traffic on the road, and Jim McCulley said he would abide by that restriction because it was a "local decision". The battle has thus become a matter of principle rather than actual use, but to one degree or another both towns have expressed the desire to retain that right of way just in case it is ever needed again.

Clearly a confusing situation that may or may not become clear with the next court ruling. In the meantime, this is the first time in five years that snowmobiles have gone on the road, so it's not a frequent problem.
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