Split Ruling on Lawsuit on Adirondack Park Agency's New Regulations
State Supreme Court Justice Robert Muller in Essex County issued a ruling on November 25 that gives a big boost to the regulatory power of the Adirondack Park Agency, but quashes two other sets of new regulations the agency had issued at the same time late last year.
The court held that the APA had the right to implement regulations requiring an APA variance or the expansion along the shore or increasing the height of homes on lakeshores, in spite of the agency's previous regulations grandfathering such alterations for houses built before 1973. On the other side of the decision, the APA's extensive new regulations requiring primitive conditions for non-jurisdictional hunting and fishing cabins were invalidated and its new rule reversing its former policy of considering that a road or waterway automatically divided a parcel into two lots was rejected.
The local officials who lost their effort to cancel the new lakeshore home rules as well as the APA side supporting the cabin rules and the non-bisected lot interpretation of the APA law discussed the probability of appealing.
New hunting and fishing cabin regulations