Great news!! this is a major step in the right direction, perciverence pays off!
I had actualy spoken with Jim on the phone a year or so ago when I first heard about him. He is a nice guy and knew he was in the right, he was just pushing the issue to prove his point. With all the coruption in NY government, I am glad to see he called them out and won!

PRESS RELEASE

For Immediate Publication

Lake Placid, New York

March 5, 2010





DEC Settles McCulley’s Federal Lawsuit and Agrees to Pay McCulley Attorneys’ Fees and Legal Costs





Name of case: McCulley v. N.Y.S. Department of Environmental Conservation and several DEC employees



Statement of Matthew D. Norfolk, Jim McCulley’s attorney, in response to settlement of McCulley’s civil rights action:



DEC has agreed to pay Jim $58,000 as reimbursement of attorneys' fees and other legal expenses incurred to prosecute DEC and DEC officials for violating Jim's civil rights in federal court and attorneys' fees and other legal expenses incurred by Jim to defend against DEC's meritless and unsuccessful criminal and administrative prosecutions of him for allegedly operating a snowmobile and truck on Old Mountain Road, on forest preserve land, in the Adirondack Park.



Jim and I are very, very happy with the settlement. The settlement comes while Jim's motion is pending to amend his complaint to include additional DEC officials and to add additional allegations that DEC prosecuted Jim to appease private organizations such as The Adirondack Council, Inc. and ASTC, and allegations that DEC officials prompted The Adirondack Council, Inc. and other environmental groups to intervene in the administrative enforcement proceeding after Commissioner Grannis ruled in Jim's favor.



Jim won on his criminal appeal in Essex County Court, won in DEC's own administrative proceeding with Chief ALJ McClymonds finding Old Mountain Road to be a Town Road, and Jim won in federal court in 2006 when he defeated DEC's motion to dismiss. Jim now has won again with this settlement. Jim is a perfect example of how the little guy, the Adirondacker, can win and effectuate change in State government and how the Adirondack Park is managed by the State.



The settlement brings Jim some vindication and, of course, credibility. Jim was right on the law and facts concerning the history and status of Old Mountain Road and he was right on the law and facts concerning DEC's unlawful closure of Old Mountain Road and I believe he was right on DEC's preferential treatment of recreational organizations allowing them unfettered, exclusive use of Old Mountain Road by motorized vehicles.



A written stipulation of settlement that the parties have agreed to will be signed a submitted to Judge Kahn of the U.S. District Court very soon and thereafter Jim will receive the settlement funds.



For more information, please contact Matthew Norfolk at 519.523.5555 (w) or at 518.524.6247 (m), or Jim McCulley at 518.523.3606 or at 518.572.4073

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1991 JEEP WRANGLER, SOA with 8.8 rear, Auburn ECTED, D-30 front, ARB with 4.88 R&P's

are they paying him to shutup, or did something actually change for the public's good? i saw the first ruling... it didn't look that positive to me for anything with a motor and wheels.

when does he get his new Lexus?

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Lyman

“Be who you are and say what you feel because those who mind don't matter and those who matter don't mind.” -Dr. Seuss

Yep, As expected...I thought it would take more money though....


Good for him though.. But yea, this is a snowmobilers thing.

I don't think there was 1 word in there for offroaders...

Sorry Dave, but it'd how I see it.

too bad he didn't go all the way... could have opened up alot of roads, I would have thought..It would have questioned all roads that DEC has closed...

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Steve

yah, pretty sure the final outcome is that now it will be town gated rather than state gated. town said it didn't have the money to make it suitable for road traffic and could not take on the liability as it is or something to that effect.

i actually wheeled across that road about 12 years ago.

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Lyman

“Be who you are and say what you feel because those who mind don't matter and those who matter don't mind.” -Dr. Seuss

you guys are too cinical
I said it was a step in the right direction
it does mention the truck on the road also
I am willing to bet that this will set a precedence for future LEO's and they won't be so quick to try and shut down what they have no right to.

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1991 JEEP WRANGLER, SOA with 8.8 rear, Auburn ECTED, D-30 front, ARB with 4.88 R&P's

That may be possible, Dave..But I'm not sure how many roads like that are left?

I was hoping he'd take it to a real win... A decision in court, not a plea agreement, or cop out. If he would have, maybe, Just maybe... the hundreds of roads ALREADY closed would HAVE to be re opened... The state knows exactly what it is doing here... The STATE won here, not McCully, and he knows it.

Just shows ya how hard it is to fight NYS... even when you are right, you settle..... or worse... you loose.

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Steve

Nice to see any win....

we are getting set up for some big ugly fast losses out here and everyone's biggest concern seems to be their new wheels etc......

Some days I remember why I started racing..... and gave up on wheeling

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Scott

http://www.Psychoneurosisracing.com

+1

as another member said.... Settlement = No win, which means no precedent set. Someone can still take a heat round for the same thing.