Accepting legal arguments raised by attorneys for the Sacandaga Protection Committee and the Hudson River-Black River Regulating District, the U.S. Court of Appeals for the Second Circuit issued a decision affirming a federal district court’s dismissal of Niagara Mohawk Power Corporation’s challenge to the Great Sacandaga Lake Permit System.
On December 2, 2011 attorneys for the Sacandaga Protection Committee (SPC) argued to preserve the Great Sacandaga Lake Permit System at oral argument before a three judge panel of the United States Court of Appeals for the Second Circuit in New York City.
Sacandaga Protection Committee asks State Court for permission to intervene in a dispute concerning regulating district assessments. Read more from the Daily Gazette (Sacandaga property owners' group fights utility's lawsuit, August 13, 2011) and the Recorder (Lake group gets involved in suit against district, August 12, 2011)
The Sacandaga Protection Committee has engaged the services of a lobbyist in Washington, D.C. to represent the Sacandaga Lake Community interests regarding the revenue issues that have prevented the Hudson River Black River Regulating District from paying their property taxes.
The Regulating District has started issuing permits for 2011. As anticipated, based on the Board's action last may, the permits once again include the Exclusive Use language that had been missing for the last few years. We are obviously pleased with the Board's decision to re-instate the Exclusive Use policy; however, we recognize that there is more work to be done with respect to enforcement of the current policy and establishing a permanent long-term solution to resolve this issue.
As winter approaches we would like to take an opportunity to provide you with an update from the Sacandaga Protection Committee. Through the generous support of the lake community we have raised over $250,000 since our organization was formed in 2009. We are a volunteer group and 100% of this money is used to protect the rights of the permit holders and lake community. Here are a few of the issues we are working on:
The issue of Exclusive Use is the number one priority of the SPC. We are working with the Governor’s office and the NYS Senate and Assembly to bring a legislative solution to this matter. Our lawyers and lobbyists are ready to continue negotiations with the new Governor and DEC Commissioner.
A dispute involving Exclusive Use of Beach Permit has recently drawn attention in the Broadalbin area. It is our understanding that this is a long standing dispute between several neighbors, all of them permit holders.
On September 30, 2010, United States District Judge Norman A. Mordue issued a decision dismissing National Grid’s latest attempt to avoid shouldering its share of the costs for maintaining Great Sacandaga Lake and the Conklingville Dam. In the suit, National Grid claimed that many of the Hudson River-Black River Regulating District’s operations, including the GSL Permit System, were preempted by federal law and contrary to the United States Constitution.