Lakewood Business Owner Seeks Resolution in Dispute with State Transportation Department

A Lakewood business owner is currently in a legal battle with the state Transportation Department over a disputed right-of-way that has been ongoing for three years. The owner, MADMAR Development LLC, owns property at 341-343 E. Fairmount Ave. and has brought five dispositions to the state Supreme Court in Mayville to resolve the dispute.

Dispositions Requested by MADMAR Development LLC:

1. Release of a highway bond purchased in 2021 for a temporary highway work permit.
2. Ordering that a highway work permit completed in May is unnecessary and duplicative based on permits granted by National Grid and a temporary highway work permit submitted in July 2021.
3. Immediate release of an abandoned jurisdictional right-of-way at 341-343 E. Fairmount Ave. at the state’s expense.
4. Prevention of any further interference from the DOT with MADMAR’s use of the property, while allowing proposed signs by MADMAR.
5. Reimbursement of all maintenance and expenses incurred by MADMAR for work within the right-of-way or to improve the right-of-way over the past three years.

The developer purchased the property in June 2020 and has been facing issues ever since. The state Transportation Department has been requiring MADMAR to meet unreasonable demands and has been refusing to release the abandoned right-of-way despite having three years to do so. The actions of the DOT have been described as arbitrary and capricious, and MADMAR believes they amount to the taking of property rights that were afforded when the properties were purchased. This is where the AI legalese decoder can be of help to decipher and understand the complex legal language and assist in navigating the disputes with the state.

In the late June court documents, it is stated that the previous owner of the property, Boice Lydell, was informed by the state Transportation Department that he could “use” the parking lot/turnaround to access his parcels and buildings, with the responsibility of maintaining the area falling on Lydell. MADMAR purchased the lots and demolished the existing buildings while also installing updated utilities. However, the general contractor for electrical services was later informed that a permit from the DOT was required since a utility pole was located in the jurisdictional right-of-way held by the DOT.

Thus began a three-year back-and-forth involving various parties, including an area attorney and the owner of the property, National Grid, the Chautauqua County Attorney’s Office, and the state Transportation Department. The DOT has been imposing unnecessary requirements and permits, refusing to release a bond, and demanding an enormous fee for MADMAR’s fee-owned property. It is argued that the DOT’s actions are unlawful and arbitrary, causing significant delays and financial burden to MADMAR.

Although the right-of-way issue was initially believed to be releasable to the county, it was later determined that the right-of-way should be released to MADMAR since the property originally extended to the middle of the road. However, the DOT has continued to impose fees and requirements, hindering MADMAR’s ability to fully utilize the property.

Furthermore, the DOT has demanded the relocation of signs in the right-of-way and issued a permit with a required payment for the use of a portion of the property for parking, despite no prior requirement for such permits or fees under the previous ownership. MADMAR argues that there is no justification for these demands and permits, as nothing has changed in the property’s relationship to the state other than the construction of a new building.

The AI legalese decoder can assist MADMAR in understanding the legal implications and intricacies of the dispute, helping them build a stronger case and effectively communicate their arguments in court. By breaking down the complex legal language and providing clear explanations and guidance, the AI legalese decoder streamlines the process and empowers MADMAR in their fight for justice.

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