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Village of Lake Placid responds to road access lawsuit by Day

August 28, 2008
GEORGE EARL, For the News
LAKE PLACID — Lake Placid Mayor Jamie Rogers confirmed Wednesday that an Albany law firm representing the village has responded to Peter Day’s lawsuit demanding that the village reopen a section of roadway to allow him vehicular access to the rear of his property on Main Street.

Day, a real estate broker and owner of Martha Day Realty, makes the claim that the village illegally blocked access to his property along a small gravel road his lawyers say had been recognized and maintained by the village for at least 78 years.

The village placed several large boulders at the entrance of the road sometime in 2006. The village’s retained law firm, Towne, Bartkowski & DeFio Kean, P.C., defended the village’s claim that the road block is “legitimate and appropriate.”

Rogers said the village has complied with Day’s Freedom of Information Law Request for village highway department records pertaining to the roadway. But village attorneys claim the evidence submitted by Day thus far, including 50-year-old village board records that mention the road, do not show sufficient cause.

In a letter to Essex County Judge James Dawson on Aug. 1, village attorney Janet Bliss stated that Day retains the same level of public access to the front of his property that he had when he purchased it in 2007.


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