Lawsuit against ACR dismissed

CONTENTS DELETED

Ditto Jeff.  Time for the ACR to put up or you know what. Unfortuntately for Big Tupper fans the ACRs' own timetable in the APA permits shows no input into the mountain until the 2nd year of development and then it states "demolish existing Lift 2."  That is the only lift to get up from the base, Yr 3: " begin upgrading snowmaking on mountain."  You really can't begin upgrading a system that doesn't exist since the developers sold it off years ago.
The main chair that should be replaced first is Chair 1 which serves the best terrain, but that isn't scheduled until Year 7.

Of course I'm in aggreement w ADK Jeff and don't really think this will ever happen(Big Tupper being renovated to any great extent and reopened)
Another thing to keep in mind is that the developers still have to go through many other regulatory agencies before they can get rolling, DEC, Dept of Health, Dept of State, Army Corp of Engineers, Comptrollers Office.  And one other minor issue, they still have to actually buy the land they propose to develop. So there will be celebrating in Tupper Lake by the hardcore supporters but the reality is that this Overhyped, Overpriced Development is not likely to come to fruition anywhere near what has been proposed.  Time will tell.

Oh well, as Bob Dylan sang, "When you ain't got nuthin', you got nuthin' to lose".

It really is kinda sad that some think that this thing will actually happen, and all of their hopes and dreams will be fulfilled. At least our tax dollars aren't funding it, like other hopeless projects based on an economy that existed many many years ago. Atlantic City comes to mind.

ARISE Press Release:

The New York State Appellate Division, Third Judicial Department announced by a 5 -0 vote, that the Adirondack Park Agency permit pertaining to the Adirondack Club in Tupper Lake was issued in accordance with the law.

Following the announcement, ARISE Chairman Jim LaValley said, "we are pleased that the courts have upheld the Adirondack Park Agency permit. The vote supports what we have been saying all along, that the Adirondack Park Agency did a proper and thorough review. The ruling by the panel of judges continues to show that all procedures and review were done according to the APA Act and the Adirondack Club project does not rise to the level of having an undue adverse impact. This demonstrates the strong support for the Adirondack Club and the community of Tupper Lake."

LaValley went on to say, "It's my hope that the Plaintiffs involved with the Article 78 will accept the ruling and allow the community of Tupper Lake to move forward, without further frivolous action. The community, the ACR investors, and the region have shown that they want this project to move forward, and that it is the right project, at the right time. For the Plaintiffs of the Article 78 to act or state otherwise, would clearly demonstrate that their intentions are anything but honorable. It is important to allow the project to move forward, and to begin healing the wounds that have been created during this difficult process. The Adirondack Club investors and the community have shown their willingness to play by the rules, and now it's time to move forward with what promises to be an exciting future for Tupper Lake, and the region."

ARISE of Northern New York, Inc. is a New York 501(c)(3) not for profit organization.  Members of ARISE include business people, elected officials, organizations, and individuals who support the need for a vibrant economy. Our members believe that there has been an overwhelming amount of resources spent to protect the natural environment of the Adirondacks, with very little interest and resources, for the fragile economy.  More information is available at http://adirondackeconomy.com and at http://skibigtupper.org.

Protect the Adirondacks! press release:

Protect the Adirondacks is disappointed in the decision by the New York Appellate Division, Third Department issued today to uphold the approvals by the Adirondack Park Agency (APA) for the 6,000-acre Adirondack Club and Resort project in 2012. The Appellate Court released this decision today. Protect the Adirondacks filed a lawsuit with 29 allegations to challenge the legality of the approvals in March 2012.

Read the court decision here.

Protect the Adirondacks was confident in the merits of this lawsuit. “We fought the good fight for a wild and green Adirondacks. We’re terribly disappointed in this decision,” said Chuck Clusen, Chairman of Protect the Adirondacks.

“This is a great loss for the Adirondack Park and the Adirondack Park Agency because it sets a precedent for forest fragmentation across the Adirondacks and codifies for the first time in 40 years of APA history that the APA Act is to be reduced to mere guidance and not law,” said Peter Bauer, Executive Director of Protect the Adirondacks.

“Today could mark a point of no return in the history of the Adirondack Park. This follows a series highly political decisions regarding Forest Preserve management and private land development in the Adirondacks,” said Peter Bauer. “Many saw this project as shaping the future of Tupper Lake, PROTECT always saw this project and lawsuit as shaping the future of the Adirondack Park.”

Protect the Adirondacks is reviewing its options for next steps. The Adirondack Club & Resort Project must now finalize its approvals and secure final permits with the APA, obtain permits from the Department of Environmental Conservation and Army Corp of Engineers, and obtains approvals from the Attorney General’s Office.

Protect the Adirondacks is extremely grateful for the stalwart support of our members throughout the effort.

It's too bad this got so drawn out but the good news is that just maybe the business cycle is turning positive for this project to actually succeed.  I doubt it will on the grand scale but at least to get the ski area going and help the local economy in Tupper.

I hope the mtn can recover , but the project IF ( and its a long shot at best ) it gets off the ground will need to be realistically scaled . The original concept was over the top .

n am not holding my breath of this ;)

Unfortunately, the mountain does not seem to be near the top of the "to do" list.

It warms my heart every time I hear or read the "Protect" is disappointed! The losers should reimburse the taxpayers for legal costs that resulted from their merit less lawsuit!

We need some tort reform in this country where if you bring a bs law suit and lose you should pay the other sides legal costs.

Any bs law suit against a ski area should result in never being allowed to ski again!

I don't see how this case is "BS" just because the petitioners lost. When a case clearly has little or no merit, this Court writes a short decision and awards costs to the winner. The 15-page opinion here, a real rarity for a Court where a 7-page opinion is a long one, did not award costs to the respondents.

Am I missing something?

I'm as big of a pessimist as anyone, but I'm actually feeling good about the future of Big Tupper, through ACR or something else. I know the arguments about how it's a small hill in the middle of nowhere that has no ability to make serious money, but if I was a college kid in Potsdam or Canton, I'd make Tupper my home mountain. It's bigger than Titus and closer than Whiteface. And the mountain is cool as hell (maybe that's just nostalgia, but I was there a couple of years ago, and it was still sweet and has amazing potential).

And if ACR doesn't work, I hope some rich dude buys it as a plaything (and adds some MTB trails)

mattchuck2 wrote

 I hope some rich dude buys it as a plaything

What some people still don't get is that anybody with that kind of coin is on a plane (and chances are it's a private plane, or at least shared) to the Rockies or the Alps for their chosen fun. Not some black fly infested hill in upset NY.

Didn't a rich guy buy Hickory?

Goreskimom wrote

Didn't a rich guy buy Hickory?

LOL I was thinking the same thing. And he lives out west, sorta.  Sometimes people just do stuff because they feel like it.

Harvey wrote

Goreskimom wrote

Didn't a rich guy buy Hickory?

LOL I was thinking the same thing. And he lives out west, sorta.  Sometimes people just do stuff because they feel like it.

That's what I was thinking, too.

The "good" thing about the ridiculous inequality in this country is the ability of our benevolent overlords to purchase toys that can be enjoyed by us plebes.

mattchuck2 wrote

The "good" thing about the ridiculous inequality in this country is the ability of our benevolent overlords to purchase toys that can be enjoyed by us plebes.