| Copyright 2015 linkinglewiscounty.com all rights reserved privacy policy here |
| Court's Ruling Annuls Village of Constableville Law Opening Certain Streets to ATV Traffic 05/10/18 04:00pm Updated 04:15pm By: Nick Altmire |
Google Suggested Content:
| Lewis County's 24/7 Home for News, Sports, Weather, Events & More |
Justice Honorable Peter A. Schwerzmann has annulled a 2017 law enacted by the Village of Constableville opening certain streets to ATV traffic. A lawsuit filed by Bernadette M. DeSantis (petitioner) against the Village of Constableville and the Village Board (respondents) sought to nullify and vacate Section IV of Local Law No. 1 of 2017, which opened a portion of James and High Streets to ATV traffic. The local law was enacted on June 19, 2017. The lawsuit claimed that the local law violated NYS Vehicle & Traffic Law Article 48-c, as well as the New York State Constitution. The petitioner also asked for a declaratory judgement finding that the respondents failed to make the requisite findings pursuant to VTL Section 2405. According to the law passed by the Village, the purpose was to open the specified roads, connecting three businesses to the Lewis County ATV Trail System, to ATV traffic after determining the act necessary to connect the off-road trails adjacent to the streets which "would otherwise be impossible." The petitioner challenged that there was nothing in the Village Board's minutes documenting why it is "otherwise impossible" to access "trails adjacent" to James St. and High St. Citing a New York State Attorney General Opinion from 2005 and a pair of similar cases in New York State, Justice Schwerzmann found that the Village of Constableville Board of Trustees did not have a record to substantiate their findings that it would be otherwise impossible to connect the trails, beyond stating a conclusion. "Clearing the 'otherwise impossible' hurdles seems like a daunting, if not impossible task," Justice Schwerzmann said in the decision, noting that modifying or eliminating the hurdle would be a matter for the New York State Legislature. The ruling concludes that Local Law No. 1 of 2017 in the Village of Constableville must be annulled as contrary to the provisions of VTL 2405(1). "This decision is very disappointing," Lewis County Director of Parks, Recreation and Forestry Jackie Mahoney said, adding that this portion of the Lewis County ATV Trail System is now closed. Attorney Kevin M. McArdle, representing the Village of Constableville in the lawsuit, stated he has not had the opportunity to discuss the decision with his client yet and couldn't say if they would appeal the decision. Constableville Mayor Andrew Klossner said by phone that the Village Board will have to discuss the decision when they meet again to determine what their next step may be. We also reached out to Joan McNichol, the County's attorney, and Lewis County Manager Ryan Piche, to see what impact the decision could have on other roads in the county that have been opened to ATV traffic. Both had no comment at the time of publication, and said that the County would be releasing a statement on the decision soon. We will update and include, when received. You can read the full decision here. Update 4:15 PM- County's statement is provided below: |
