FRIENDS OF THAYER LAKE LLC et al., Appellants,
v.
PHIL BROWN, Respondent, and
STATE OF NEW YORK et al., Intervenors-Respondents, et al., Defendant.
Court of Appeals of New York.https://leagle.com/images/logo.png
Argued March 24, 2016.
Decided May 10, 2016.
Attorney(s) appearing for the Case
McPhillips, Fitzgerald & Cullum, LLP, Glens Falls (Dennis J. Phillips of counsel), for appellants.
Caffry & Flower, Glens Falls (John W. Caffry and Claudia K. Braymer of counsel), for Phil Brown, respondent.
Eric T. Schneiderman, Attorney General, Albany (Brian D. Ginsberg, Barbara D. Underwood, Andrea Oser, Andrew B. Ayers and Philip M. Bein of counsel), for State of New York and another, respondents.
Pacific Legal Foundation, Palm Beach Gardens, Florida (Mark Miller, of the Florida bar, admitted pro hac vice, of counsel), and New York Farm Bureau, Inc., Albany (Elizabeth C. Dribusch of counsel), for Pacific Legal Foundation and others, amici curiae.
Diane Van Epps Finnegan, Manlius, for Adirondack Landowners Association, amicus curiae.
Adirondack Mountain Club, Inc., Lake George (Neil F. Woodworth of counsel), and Schoeman Updike & Kaufman LLP, New York City (Charles B. Updike and Jeremy M. Weintraub of counsel), for Adirondack Mountain Club, Inc., and another, amici curiae.
Hancock Estabrook, LLP, Syracuse (Alan J. Pierce of counsel), for Empire State Forest Products Association, amicus curiae.
Chief Judge DiFIORE and Judges PIGOTT, RIVERA, ABDUS-SALAAM, STEIN, FAHEY and GARCIA concur.
Court of Appeals of New York.
OPINION OF THE COURT
MEMORANDUM.
The order of the Appellate Division should be modified, without costs, by denying defendants' motions for summary judgment and, as so modified, affirmed.
Plaintiffs are the collective owners of real property in a remote area of the Adirondack Mountains. The property is bounded on the north by the William C. Whitney Wilderness Area, which consists of more than 20,000...
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