Grafton & Upton Railroad (G&U) Discussion

Apparently due to changed judicial circumstances in the Town of Hopedale's long-running attempt to take G&U's under development West St property, G&U is requesting the STB to re-open a filing that the STB had closed as it appeared the matter was resolved by various Massachusetts courts:

Grafton & Upton Railroad Company (“GURR”) hereby moves to reopen this proceeding based on substantially changed circumstances. GURR filed this declaratory order action on November 23, 2020 seeking a determination that the Town of Hopedale’s (“Hopedale” or “Town”) attempts “to use state and local law in a lawsuit initiated by the Town in state court in Massachusetts not only in order to block use by GU[RR] but also to take the property from
GU[RR] . . . is preempted by Section 10501.” Verified Statement of Emily Mordecai, Attachment A (Verified Petition for Declaratory Order of Grafton and Upton Railroad Company, F.D. No. 36464 (filed Nov. 23, 2020)) (“Mordecai V.S.”). On February 16, 2021, the Board dismissed the proceeding at GURR’s request because “GU[RR] and the Town have resolved the issues raised by the Town in the Land Court litigation and by GU[RR] in the Verified Petition. …. and have filed a stipulation of dismissal with Land Court.” Mordecai V.S., Attachment B (Motion to Dismiss Proceeding, F.D. No. 36464 (STB order entered February 16, 2021)) (“Motion to Dismiss”).

Recently, after years of litigation up and down the Massachusetts court system, on March 25, 2024, the Massachusetts Land Court vacated the stipulation of dismissal referenced in the Motion to Dismiss Proceeding. The vacatur of the stipulated judgment revives the Town’s previously dismissed claims to use state and local law to take property from GURR, which represents a substantially changed circumstance that warrants reopening this proceeding. Once reopened, the preemption is straightforward – particularly in light of the preclusive effect of a variety of Board and court decisions addressing Hopedale’s long-running effort to thwart rail transportation.

https://dcms-external.s3.amazonaws.com/ ... 308172.pdf

Thanks for posting the update. I'm on the town facebook page, where recently one of the gang of 10 was doing a victory dance because of the land court decision. It ain't over until it's over.

bk77 wrote: ↑Sun Apr 14, 2024 1:30 pm Looks like the 1751 is finally back in service with new paint. Interesting thay they ditched the yellow for orange, but I'm not complaining as it looks sharp! I'm hoping these colors will follow to the MP15's in the near future....

https://www.railpictures.net/photo/855457/

Agreed! It looks SHARP!
Reminds me of the RGW's tunnel motors.

Where is the Town of Hopedale getting the money to keep funding this legal quagmire?

The money is coming from an anonymous donor, I've heard it is the step father of one of the gang of 10.

bk77 wrote: ↑Sun Apr 14, 2024 1:30 pm Looks like the 1751 is finally back in service with new paint. Interesting thay they ditched the yellow for orange, but I'm not complaining as it looks sharp! I'm hoping these colors will follow to the MP15's in the near future....

https://www.railpictures.net/photo/855457/

Cosmo wrote: ↑Sun Apr 14, 2024 8:26 pm Reminds me of the RGW's tunnel motors.

I knew it was reminiscent of something, just couldn’t think what. That 1751 does look nice now for sure! Thanks for posting the photo! The MP15s would look good in some black and orange.

wilfred wrote: ↑Sun Apr 14, 2024 3:39 pm Thanks for posting the update. I'm on the town facebook page, where recently one of the gang of 10 was doing a victory dance because of the land court decision. It ain't over until it's over.

What's the name of the Facebook group? Are they not aware the STB is just going to squash the ruling?

Hopedale ma, bulletin board.