The Challenges Of Finding A Judge For NYRI Lawsuit (Added at 6:45pm)

By Kristen Pronobis

Story Created: Aug 22, 2006 at 5:38 PM EST

Story Updated: Sep 13, 2007 at 1:29 PM EST

The City of Utica has filed suit against NYRI, who wants to put a power line thru the city, and against the railroad that the power line would run along. Now all the city needs is a judge to hear the case.

Three out of the four supreme court justices in Oneida County are rescuing themselves from hearing the case. A fourth, Justice Robert Julian, never had the chance. He is what they call an automatic recusal because it is his brother who is bringing the suit.

The city is claiming that when the railroad originally took the the land by eminent domain in 1867, it was for the sole purpose of building a railroad and nothing else. That is the legal basis for their argument.

Now that all four supreme court justices in Oneida County are unable to hear the case, the administrative judge for the 5th judicial district will have to assign someone else in the 5th judicial district.

Even though finding a judge to hear the case has been such a challenge, Utica Mayor Julian isn't discouraged.
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