Verdict Regarding 364 West Street Purchase Expected in Fall
Worcester Superior Court will determine if a new town meeting vote is needed
By Theresa Knapp
At its meeting on April 26, the Board of Selectmen gave an update on the so-called “10 Taxpayer Lawsuit” filed by residents who say the Board of Selectmen did not have town meeting authorization to enter into the settlement agreement it reached with the Grafton Upton Railroad for purchase of land at and near 364 West Street. That agreement consisted of fewer acres than the 155 acres voted for purchase by an October 2020 special town meeting.
The Chairman of the Board of Selectmen Brian Keyes read a statement prepared by Town Counsel Brian Riley which read, in part:
“It is the town counsel’s position that: (1) the town’s right of first refusal on the 130 acres was waived and finally resolved in the land court litigation and there are no legal means for the town to compel the railroad defendants to turn over 130 acres; the settlement agreement is a binding agreement. (2) the only two options available to the town at this point are (a) complement the settlement agreement terms and acquire 85 acres from the railroad defendants including the 20 acres by donation, or (b) acquire none of the West Street property at all.”
According to the statement, town officials expect the Worcester Superior Court litigation will “result in a judgment on a claim involving the validity of the October 2020 [special] town meeting votes. If the court rules in favor of the town and the railroad defendants, the Special Town Meeting votes will allow the Board of Selectmen to acquire the property.”
Riley’s statement said that, if the court rules in favor of the plaintiffs in the “10 Taxpayer Lawsuit,” a new town meeting vote will be needed to authorize the acquisition of the property as described in the settlement agreement (approximately 84 acres).
Town officials say the legal issues should be before the Superior Court over the summer “with a judgment hopefully by the fall.”
By Theresa Knapp
At its meeting on April 26, the Board of Selectmen gave an update on the so-called “10 Taxpayer Lawsuit” filed by residents who say the Board of Selectmen did not have town meeting authorization to enter into the settlement agreement it reached with the Grafton Upton Railroad for purchase of land at and near 364 West Street. That agreement consisted of fewer acres than the 155 acres voted for purchase by an October 2020 special town meeting.
The Chairman of the Board of Selectmen Brian Keyes read a statement prepared by Town Counsel Brian Riley which read, in part:
“It is the town counsel’s position that: (1) the town’s right of first refusal on the 130 acres was waived and finally resolved in the land court litigation and there are no legal means for the town to compel the railroad defendants to turn over 130 acres; the settlement agreement is a binding agreement. (2) the only two options available to the town at this point are (a) complement the settlement agreement terms and acquire 85 acres from the railroad defendants including the 20 acres by donation, or (b) acquire none of the West Street property at all.”
According to the statement, town officials expect the Worcester Superior Court litigation will “result in a judgment on a claim involving the validity of the October 2020 [special] town meeting votes. If the court rules in favor of the town and the railroad defendants, the Special Town Meeting votes will allow the Board of Selectmen to acquire the property.”
Riley’s statement said that, if the court rules in favor of the plaintiffs in the “10 Taxpayer Lawsuit,” a new town meeting vote will be needed to authorize the acquisition of the property as described in the settlement agreement (approximately 84 acres).
Town officials say the legal issues should be before the Superior Court over the summer “with a judgment hopefully by the fall.”
