Santa Claus -vs- the Martians
Today's Union Leader has
this update on the story. Both sides were heard by the judge who is expected to rule within the next two weeks.
[Here's that article, before it disappears into pay-per-view land:]
CONCORD — A judge yesterday heard the battle for and against an alternative to one of the state's oldest and most popular snowmobile trails.
The state Bureau of Trails has chosen a path that would go within 500 feet of the Appalachian Mountain Club's new $10 million Highland Center, a lodging and outdoor education center at the height of Crawford Notch in Carroll.
The trail would replace the 5-mile-long Base Road to Mount Washington's Cog Railway, which the state estimates sees 2,000 snowmobiles each week in winter months. The Cog will be running winter train service for the first time and needs the road for public vehicle access and for tanker trucks with oil to fuel the train.
The AMC went to court yesterday to stop the state, arguing that neither the Department of Transportation nor the Department of Resources and Economic Development gave it notice or a chance to have input as an abutter.
The AMC argued that day and night snowmobile noise, lights and smoke would ruin the tranquility that draws people to the mountains.
The club also argued it owns the land outside its doors that the state wants to use and has the deed to prove it. The state disputed that.
E. Paul Gray, chief supervisor of the state's Bureau of Trails, told Merrimack County Superior Court Judge Judge Edward Fitzgerald that the proposed route is the best alternative the state has to providing safe access to the thousands who flock to the southern slope of Mount Washington.
Gray said he followed state rules and was not required to provide public notice to anyone, nor abutter notice, because of a new law passed by the Legislature.
After a full day of arguments, Fitzgerald took the case under advisement and is expected to rule in the next two weeks.
In the meantime, the state and the AMC have come to a temporary agreement to halt construction on the proposed trail until the court acts.
The proposed trail follows the railbed from Fabyan's Station in Twin Mountain near the entrance to Bretton Woods ski area. It heads up to Crawford Notch and crosses Route 302 and then hugs the road for a brief distance to the Clinton Mountain Road, which will become a snowmobile route again to the Cog Base and will not be plowed.
The trail would run past AMC's newest facility, which opened in October 2003. It is an environmental education center and hostel with private rooms and bunks for about 120 people.
About 5,000 schoolchildren a year are estimated to use the education center on the former site of the Crawford House, which was built in 1827.
"We would really like to work with the state to find a reasonable solution to this, but really felt like we were completely left out of the process," said Walter Graff, deputy director of the AMC.
[end of Union Leader article]