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CP Rail drops lawsuit over right to build four towers in New York

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by Daily Commercial News last update:Jul 23, 2008

Opting to negotiate instead of litigate, Canadian Pacific Railway has dropped a lawsuit against New York arguing that it had the right to build four communication towers in the Adirondacks.

ALBANY, N.Y.

Opting to negotiate instead of litigate, Canadian Pacific Railway has 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The lawsuit was withdrawn last Wednesday.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.

Spenard would not comment on details of the talks, such as whether dismantling existing work was being considered.

There was no immediate comment from the APA.

The Associated Press

last update:Jul 23, 2008

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