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Floatplane ban lives despite lawsuit challenge
Posted: 12.09.2011 at 7:32 AM
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ALBANY (AP) -- A federal judge has rejected the state's motion for dismissal of a lawsuit challenging a ban on floatplanes from certain wilderness lakes in the Adirondacks.
The federal lawsuit seeks to reopen nearly 40 Adirondack lakes and ponds, arguing that a state ban violates the Americans with Disabilities Act. It was filed last year by former Warrensburg Town Supervisor Maynard Baker and five other elderly residents.
The state sought dismissal of the suit on grounds that the plaintiffs didn't have standing to sue and the suit didn't specify which bodies they wanted to open.
U.S. District judge Gary Sharpe granted Baker's attorney, Matthew Norfolk of Lake Placid, 30 days to file an amended petition that addresses the deficiencies.
The suit followed the floatplane ban on Low's Lake near Tupper Lake.
(Copyright ©2011 by The Associated Press. All Rights Reserved.)