Judge delays ATV ruling

Steve Virkler

LOWVILLE — A hearing Thursday on the latest Lewis County all-terrain vehicle lawsuit had the feel of a face-off between David's grandmother and Goliath.

On one side was Greig octogenarian Rose V. Pettit, who is representing herself in seeking annulment of a 2009 law opening 2.32 miles of county roads to ATVs.

On the other side, defending the county, was Syracuse attorney Andrew J. Leja from the Hiscock & Barclay law firm.

State Supreme Court Judge Joseph D. McGuire, after hearing oral arguments, withheld decision in the matter.

"I have some more reading to do and some more research to do," the judge said.

Ms. Pettit, after putting on her reading glasses, began by reiterating her claims that the road openings violate state Vehicle and Traffic Law and that county officials did not adequately show that it is "otherwise impossible for ATVs to gain access to areas or trails adjacent to the highway" without the openings.

"I will let my written documents stand as they are," she said.

Ms. Pettit also submitted photographs — taken since the April 15 opening of the county ATV trail system — reportedly showing that Burdicks Crossing Road is open about 0.3 mile beyond its connection with a trail to allow access to a business. "This was discovered this week after the county signed trails," Ms. Pettit said.

The county law, adopted in October, opens 0.12 mile of Greig Road and 0.9 mile of Burdicks Crossing Road in the town of Greig and 1.06 miles of Lee Road and 0.24 mile of Houseville Road in the town of Turin to ATV traffic.

The openings include the Burdicks Crossing Road bridge over the Black River, providing a connection between

Tug Hill and Brantingham that has not been available since 2005.

Mr. Leja, who assisted the county when it conducted an environmental review of its trail system a couple of years ago, argued that officials did their due diligence and documented the justification for the road openings.

Ms. Pettit's strict interpretation of the "otherwise impossible" requirement would keep all roads from being opened, since ATVs can be trailered anywhere, he said.

Mr. Leja said that he feels the intent of the state law is to allow road openings where deemed appropriate based on safety and functionality but that the interpretation ultimately falls to the courts.

"Don't you think the Legislature should tell us what they mean?" Judge McGuire asked.

Mr. Leja said he could only deal with the facts of this case, not tell state lawmakers what to do.

County Trail Coordinator Robert C. Diehl talked with local landowners about putting trails on their land before considering further road openings, he said.

Mr. Leja noted a 0.71-mile off-road trail has been developed behind the Valley Brook Drive-In so a section of Burdicks Crossing Road need not be opened.

Three of the road openings connect with trails on private land on at least one end, but the small segment of Greig Road connects Burdicks Crossing and Sweeney roads.

The road-to-road connection was used because dips and hills in the area would preclude a safe off-road alternative, Mr. Leja said.

He also argued that Ms. Pettit doesn't have legal standing because she lives on Sweeney Road, which long has been open to ATV traffic.

Ms. Pettit countered that her property is only 125 feet from Greig Road and that she has suffered hardships from ATVs.

"This law will increase ATV traffic on the Greig Road and the Sweeney Road," she said.

County Attorney Richard J. Graham sat with Mr. Leja during the hearing, which Mr. Diehl and County Manager David H. Pendergast also attended.

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Source: http://www.watertowndailytimes.com/article/20100423/NEWS04/304239981

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