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