By Theresa Knapp 

A March decision by the US District Court for the District of Massachusetts has left a preliminary injunction in place that prevents the town of Hopedale from taking by eminent domain the forestland at 364 West Street from the Grafton & Upton Railroad.

At a meeting of the Select Board on April 10, special town counsel David Mackey of Anderson Kreiger gave an update on the federal litigation that was argued in August in front of Judge Allison Burroughs. 

Mackey said the judge dismissed four of the five claims brought by GURR but the claim the town’s effort to take the forestland was preempted by the Interstate Commerce Commission Termination Act (ICCTA). 

“She let that claim stand and, in the same opinion, granted the Railroad’s request for a preliminary injunction blocking the town from taking the forestland from the Railroad by eminent domain. At the same time, she ordered the Railroad to file a petition in front of the Surface Transportation Board [STB], that’s an administrative agency in Washington, DC, to pursue its claim under the [ICCTA]. This order that the town not be able to take the forestland will be in effect at least for the duration of the [STB] litigation down in Washington, DC.”  

Mackey said the town has the option to appeal the granting of the injunction in favor of the Railroad and will decide how to proceed in the near future.