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Syracuse law firm may represent county

LEWIS ATV TRAIL SUIT: Attorneys helped determine legal aspects of system in question; first hearing April 8
By STEVE VIRKLER
TIMES STAFF WRITER
MONDAY, FEBRUARY 8, 2010
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LOWVILLE — Lewis County may use outside counsel to defend against its latest all-terrain-vehicle lawsuit.

The county attorney is considering having Syracuse law firm Hiscock & Barclay, which over the past few years has overseen most legal aspects of developing a countywide ATV system, work on the case, according to county Legislature Chairman Jack T. Bush, R-Brantingham.

"They were the ones that put this together," Mr. Bush said, adding that nothing is definite.

If the firm is retained, any legal fees likely would be taken from the county's ATV trail fund, which is funded by permit sales, he said.

Greig resident Rose V. Pettit recently filed a state Supreme Court lawsuit seeking annulment of a 2009 law opening 2.32 miles of county roads to ATVs.

The suit was filed "pro se," meaning she plans to represent herself in court.

Former legislator and long-time ATV critic Bruce R. Krug served the legal papers at the County Courthouse.

The first court appearance date is slated for April 8.

County Attorney Richard J. Graham is no stranger to ATV-related suits, having defended the county in 2007 against two lawsuits challenging the opening of county roads to ATV traffic and one challenging its opening of county reforestation lands to ATVs.

State Supreme Court Judge Joseph D. McGuire dismissed the first two on the grounds that the three residents who brought the suit, including Mr. Krug, lacked legal standing.

However, in the third, the judge ruled that the county should not open trails on its land until conducting an environmental review of a countywide system as a whole.

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