By Theresa Knapp

The Town of Hopedale has several actions pending in the state and federal courts against the Grafton and Upton Railroad Co., Inc., regarding the land located at 364 West Street. The town is seeks to restore its right of first refusal in the state case, and is seeking relief from a preliminary injunction in the federal case “based on the admission by the owner of GURR that the railroad’s plans for the property are not workable.”

At a meeting of the Select Board on Oct. 23, under “Select Board Information Items,” Chairperson Glenda Hazard read a statement prepared by special town council Anderson Kreiger. No discussion was held. The following is a transcript of the update as read at the meeting. 

“There are currently several active disputes between the Town of Hopedale and the Grafton Upton Railroad, they fall into two categories: [1] state court litigation about the right of first refusal to buy forestland under Chapter 61, and (2) federal court litigation about eminent domain under Chapter 79. 

“State court litigation and Chapter 61. Hopedale is currently litigating in the Massachusetts Land Court against the GURR. That case involves whether Hopedale has a right of first refusal to buy the property at 364 West Street and whether GURR obtained the title to the property in violation of Chapter 61. Chapter 61 is a Massachusetts state statute that allows property owners to obtain favorable tax treatment in exchange for conserving the property as forestland. [For] the granting of this favorable tax treatment, the tax receives a first right of refusal if the property owner seeks to sell the property or change its use in any way from conservation. In this case, Hopedale alleges that GURR obtained title to 364 West Street in violation of this statute, and so the town should be given the chance to buy the property at the price paid by GURR. The town initially filed a claim in Land Court alleging a violation of Chapter 61 but then settled with GURR and dismissed the case. The Hopedale/GURR settlement agreement was later deemed ineffective by a Massachusetts Superior Court judge after a lawsuit by a group of residents in Hopedale. The Superior Court’s decision was later affirmed by the Massachusetts Appeals Court. In keeping with the decision by the Superior Court and the Appeals Court, the group of residents have now intervened in the Land Court case, meaning that they are full participants in that litigation. The group of residents and the town have motions to vacate the town’s dismissal in order to restore the Chapter 61 claim. GURR will respond to these motions and the Land Court judge will hear oral arguments in January. 

“Federal court litigation under Chapter 79. In parallel to the state court litigation, the town is currently litigating in federal court against the GURR. The case involves whether Hopedale can take a portion of the 364 West Street by eminent domain under Chapter 79 of the Massachusetts General Laws. GURR has argued that a railroad-related federal law prevents the town from using eminent domain. The federal Trial Court agreed with GURR at a preliminary hearing and enjoined the town from taking the property. The preliminary injunction is currently on appeal before the Federal Appellate Court with oral arguments tentatively scheduled for January. Based on the admission by the owner of GURR that the railroad’s plans for the property are not workable, the town is also seeking relief from preliminary injunction in the Trial Court. When the Trial Court enjoined Hopedale, it paused the federal case and ordered GURR to file a case before the Surface Transportation Board, a federal agency that regulates rail carriers, to get its analysis of the dispute. GURR did so in April 2023 and its petition is pending before the STB.” 

To watch the Oct. 23, 2023, meeting of the Hopedale Select Board, visit bit.ly/HopedaleSB10232023