By Theresa Knapp 

At its meeting on Dec. 27, 2021, the Select Board announced it has filed court documents to vacate a stipulation of dismissal and pursue its original plan to acquire all 155 acres of land at 364 West Street. 

The town had reached an agreement with the Grafton & Upton Railroad to acquire 85 acres of the 155 acres approved by an October 2020 Special Town Meeting (STM), but that plan was stalled when a group of 10 Hopedale citizens filed suit against town officials claiming they did not follow the direction of STM. 

In November 2021, Attorney Peter Durning of Mackie Shea Durning, PC, who is counsel for the town in the “10 citizens’ lawsuit,” asked for clarification on Count II of the court’s decision because… 

“Judge Goodwin denied the plaintiffs their request for declaratory relief under Count II because Judge Goodwin determined that those parties lacked standing to challenge the decision. But she also granted the Motions for Judgement on the pleadings by the town and the railroad with respect to Count II. Yet in her discussion, she notes that it is within the [Select] Board’s sole discretion to determine to seek town meeting approval for the settlement agreement, to renew its attempts to enforce the option, or to do neither.”

The Select Board received clarification mid-December, and at its Dec. 27 meeting, Chair Brian Keyes read an eight-minute prepared statement that noted, in part: 

• “In summary, the court stated [on Dec. 16], that where the town’s acquisition of 85 acres was a fundamental part of the settlement agreement, unless the board obtained town meeting’s authorization to acquire this property, the agreement would not become legally effective and the town could request that the Land Court reopen the town’s previously dismissed lawsuit and seek to enforce the option. 

• “In light of the Superior Court’s judgment and clarification, the Select Board has a limited number of options going forward and a court-imposed deadline of mid-February 2022.” 

• Options include: (1) calling a new Special Town Meeting in January to put the settlement agreement terms before the voters; if two-thirds of voters authorize the terms of the Land Court settlement agreement, there would be no further impediments to carrying it out and the town would acquire 85 acres of the property; (2) attempt to reopen the Land Court litigation and pursue the town’s original plan to exercise its right of first refusal; and (3) though not favored by the board, take no further action and allow the status quo to remain with the Railroad in possession of the property. 

Keyes said, after deliberation, the Select Board has decided not to call a Special Town Meeting at this time because (1) the October 2020 STM unanimously supported the acquisition of 155 acres; (2) the board acknowledges the informal statements of several hundred voters through social media and petitions in favor of pursuing Land Court proceedings to acquire the 155 acres, and “the board has concluded that voters at Town Meeting would likely vote against acquiring the 85 acres pursuant to the settlement agreement itself;” and (3) the current COVID-19 pandemic makes a STM in January “impractical at best.”

Keyes said, “After further deliberations and carefully considering the options, the Select Board authorized legal counsel to file the necessary motion with the Land Court to request that the court vacate the Stipulation of Dismissal and reopen the litigation so that the town may proceed with the original action in Land Court to seek a judgment that is entitled to acquire 155 acres as authorized by the October 2020 Special Town Meeting.” 

Keyes concluded, “It must be noted that the town’s prospects in this regard are not known at this time…The town will vigorously present the town’s case to the Land Court however and we trust that the court will consider our well-reasoned position, supported by the Superior Court itself, and allow us to litigate the town’s right to the property.” 

Select Board member Glenda Hazard said, “I just want to say how thrilled I am that we are going in this direction.” 

Keyes added, “We’re carrying out the injunction so that the Railroad won’t be able to move forward with any kinds of clearing or development while this is going back to Land Court for review.” 

At the Jan. 10, 2022, Select Board meeting, Town Administrator Diana Schindler reported the matter is progressing through the court and case conferences are being scheduled.