By Theresa Knapp 

The Select Board met on Friday, Nov. 19, in executive session to discuss the Nov. 4, 2021, ruling on the so-called “Ten Citizen Lawsuit” in which 10 Hopedale taxpayers filed suit against Selectmen Brian Keyes and Louis Arcudi III (plus the Grafton & Upton Railroad Company, Jon Delli Priscoli, Michael Milanoski, and One Hundred Forty Realty Trust) for allegedly not following guidelines set at an October 2020 Special Town Meeting to purchase 155 acres of land at or near 364 West Street. 

The suit has been making its way through Worcester Superior Court for several months and was recently re-assigned to Superior Court Justice Karen L. Goodwin. 

The Order is dated Nov. 4 (entered into the record on Nov. 11) and reads: 

1. Defendants, Jon Delli Priscoli, Michael R. Milanosky [sic], One Hundred Forty Realty Trust, and Grafton & Upton Railroad Company Motion for Judgement on the Pleadings as to Count II of Plaintiffs’ Verified Company is ALLOWED. 

2. Plaintiff’s Motion for Judgement on the Pleadings is ALLOWED as to Count I and DENIED as to Counts II and III.

3. The Town of Hopedale and the Hopedale Board of Selectmen’s Cross-Motion for Judgment on the Pleadings is DENIED as to Count I and ALLOWED as to Counts II and III. 

4. It is further ORDERED that Jon Delli Priscoli, Michael R. Milanosky, One Hundred Forty Realty Trust, and Grafton & Upton Railroad Company are enjoined from carrying out any clearing or other site work on the Property for a period of 60 days following the issuance of this decision. 

The Select Board has received a letter from plaintiffs’ attorney David E. Lurie urging the town “to proceed to acquire all of the Forestland.” 

The meeting was not open to the public because it pertains to litigation but the court ruling can be found at https://bit.ly/30CFiiA 

PHOTO CREDIT: Theresa Knapp