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August 03, 2002 Ruling a step forward for walkway over Hudson By John Milgram Ottaway News Service jmottaway@aol.com Albany – The not-for-profit group trying to build a walkway along an abandoned railroad bridge spanning the Hudson River scored a minor legal victory this week in its fight with the Town of Lloyd. A mid-level state appeals court ruled that a 2001 state Supreme Court order barring the Poughkeepsie Highland Railroad Bridge Company from routine maintenance of the property, and holding them in contempt for violating that order, was illegal. A ban against the group from allowing the general public access to its Walkway Over the Hudson, however, remains in effect. Since 1996, the group has been battling the Town of Lloyd over rights to build and use the walkway, which links the town to Poughkeepsie across the river. Lloyd officials argued the group needed, but never got, site plan and building permit approvals. The town then took the group to court. "This group thinks it's their own private play toy, but it's very dangerous," said Lewis Di Stasi Jr., the town's lawyer. "Instead of coming to town for permits, they just go up there, work around it, have events and tout their Walkway Over the Hudson. We just don't want people falling off it. We want the town zoning law enforced, and that's been it in a nutshell." The permanent ban against the group, which was struck down as premature, was issued after a worker was electrocuted while trying to install lights on the bridge. It kept the group's volunteers from even shoveling snow or clearing brush. "They [the group's volunteers] have wonderful plans for the future of the bridge, and they've been stymied so far because of this injunction," said Noel Tepper, the lawyer representing the group. "Hopefully, this will release them and allow for repairs to go forward." But while some maintenance may go forward for now, so will the town's court case against the group. 40 Mulberry Street * PO Box 2046 * Middletown, NY 10940 Telephone 845-341-1100 or 800-295-2181 outside the Middletown, N.Y., area. For optimal viewing experience, click here. Copyright Orange County Publications. All rights reserved.
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