The dock constructed by Captain Jerome Hollick, owner and operator of the Tivoli Sailing Company, serves not only the commercial interest of the community of Tivoli, but also has served in protecting the surrounding area as well.
Considering its more than a decade of usefulness to the community, and its construction and use to the same community prior to any agreement with the village and CSX, every consideration ought to be given for a prospective easement for the Tivoli Dock. In my opinion, if the village is sincerely concerned about the safety of those who would use the dock, more effort should be placed on safe access to it than removing it.
Considerations of long-standing and ongoing public usefulness and service not withstanding, the village may have a case for its removal. Given those considerations, however, a strict and unyielding application of the law would be a disservice to the community. While the law may be blind, those who have been entrusted to public service need not be.
When and where a genuine service to the community is being offered and has proven its usefulness to the same, every effort, in the name of public service, ought to be expended for to sustain it. The Tivoli dock is a case in point. And I strongly urge the court for a consideration of a prospective easement.
CH (MAJ) Paul Anthony Halladay
United States Army, Afghanistan