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26 August 2004

CP Rail Drops Adirondack Tower Lawsuit

Albany, New York - Opting to negotiate instead of litigate, Canadian Pacific Railway dropped a lawsuit against New York arguing that it had the right to build four communication towers in the Adirondacks.
 
Work on the towers was halted earlier this summer when the Adirondack Park Agency filed a "cease and desist" order against the railway. CP Rail sued in U.S. District Court, arguing that federal interstate railway regulations gave it the right to build the towers.
 
However, negotiations between the two sides have progressed and the railway decided a settlement would be easier to reach without a pending lawsuit, said CP Rail spokesman Michel Spenard. The lawsuit was withdrawn
Wednesday.
 
"Things are moving along very well and we don't need this hanging over our heads," he said.
 
Communication towers are a hot-button issue in the Adirondack Park as officials try to provide cell service without running afoul of tight zoning regulations within the 6 million acre forest preserve.
 
The railway completed a tower in Essex County and was finishing another in Clinton County when the APA order halted all work. The other two towers were planned for Essex and Washington counties.
 
"This is a positive step and we will continue to work with CP Rail to resolve this issue and ensure the protection of the Adirondack Park and its resources," APA spokesman Keith McKeever said.
 
Neither Spenard nor McKeever would comment on details of the talks, such as whether dismantling existing work was being considered.