Lawsuit opposing trail dismissed

Appellate judge sides with the city

BALLSTON SPA, N.Y. » A judge in the Appellate Division dismissed a lawsuit brought forth by three parties that opposed the construction of a City of Saratoga Springs trail on Geyser Road at the end of last week.

The Village of Ballston Spa argued the property at issue is devoted to another public use because it “contains an aquifer that acts as a water source to Village residents.” Two of the Village’s water production wells, the petitioners said, “are located on land adjacent to the proposed trail” and the “village’s back-up water source, an open and above ground reservoir, is located [approximately] 1,500 feet from the trail.

“Providing water to residents is undoubtedly a public use. However, petitioners have not established that the Village’s property is devoted to that use,” Justice William McCarthy’s decision reads. “Nothing in the record proves petitioners’ bare allegation that trunk lines connected to the Village’s reservoir are located underneath the proposed trail. It appears that the Village’s water production wells and reservoir are located adjacent to, not on, the property at issue, and petitioners have failed to demonstrate how the City’s condemnation of the Village’s property would “interfere with or destroy the public use.””

Additionally, the Saratoga Spring Water Company, the Pompay family and the Village argued over the City Council’s decision to use eminent domain to secure property for the proposed trail.

The decision stated that “the City did not abuse its discretion in determining the scope of the proposed taking.”

“The City proposed to take fee ownership of a small strip of land along Geyser Road, including a strip on each petitioner’s property, that will eventually contain up to a three-foot wide portion of the trail — with the rest of the trail constructed in the right-of-way to Geyser Road — as well as a buffer area and land for grad--

ing, drainage and the extension of an existing culvert,” the decision reads. “Because the trail will be open for continuous use for recreational purposes by all members of the public, the City did not exceed its discretion by seeking fee title rather than an easement.”

Karl Sleight, the attorney representing the three parties, said Monday they’re reviewing the decision and all options remain open.

“Regardless of the outcome of this particular decision from the court, our clients, an Army veteran and his wife who are lifelong Saratogians, and a small business more than a century old will be comforted by the fact that if tragedy strikes on this dangerous trail in the future, they did all they could to try and make Saratoga Springs safer for children and their families,” said Sleight. “Likewise, the Village of Ballston Spa has fought valiantly on behalf of its residents to protect their priceless water supply.”

City Attorney, Vince DeLeonardis, explained Monday the Geyser Road project is the subject of two separate litigation matters before the Saratoga County Supreme Court and the Appellate Division, Third Department.

“Saratoga County Supreme Court, at the request of the property owners, agreed to stay that proceeding pending the outcome of the Appellate Division matter. Last week the Appellate Division issued its decision confirming the City’s SEQRA determinations and dismissing the petition in its entirety,” said DeLeonardis. “We are pleased with the decision that came down from the Appellate Division and now look forward to the Supreme Court entertaining the City’s application for acquisition of land necessary to install the trail, which is intended to improve both pedestrian and bicycle travel along Geyser Road.”

The proposed trail will cost $3.3 million, and it’s fully funded by state and federal grants. The trail will be a multi-use path that begins at the city line with the town of Milton, continuing along the north side of Geyser Road to the intersection at Route 50.

Last September, the council unanimously voted to use eminent domain on three properties to create the Geyser Road Trail.

After the city’s decision to use eminent domain, the Ballston Spa Board of Trustees voted across party lines to hire Sleight, of the law firm of Harris Beach, PLLC, and to commence the litigation.