The way I read it, it seems it has been obstructed.
Plaintiff property owners bring this declaratory judgment action to confirm two deeded, century-old and continually existing easements across railroad tracks owned and controlled by
defendant Grafton & Upton Railroad Company and Jon Delli Priscoli (“Railroad Defendants”). The right of way at-grade easements are the only direct connections between properties assembled and owned by Plaintiffs on either side of the tracks. This action also seeks injunctive relief to order the Railroad Defendants to restore Plaintiffs’ unobstructed access and right to use those easements. On or before May 6, 2021, the Railroad Defendants, without notice to or permission from Plaintiffs, unilaterally, knowingly and intentionally obstructed two of Plaintiffs’ easements, entirely blocking Plaintiffs’ access from and through Plaintiffs’ adjoining properties. The Railroad Defendants then commenced construction of new above-grade railroad tracks across the easements. The Railroad Defendants have affirmatively refused to restore Plaintiffs’ access following Plaintiffs’ demand that the two crossings be restored to prior existing at-grade level.
This despite the Railroad Defendants’ acknowledgement of Plaintiffs’ easement rights and restoration of access in prior years. In 2013, the Railroad Defendants similarly obstructed Plaintiffs’ rights of way across the tracks during another track reconstruction. At that time, upon Plaintiffs’ request and demand, the Railroad Defendants restored the at-grade crossings, recognizing and acknowledging Plaintiffs’ property rights. Now, however, the Railroad Defendants foster an ongoing personal grudge against Plaintiffs, and flatly refuse to restore Plaintiffs’ access and continue to obstruct and interfere with Plaintiffs’ property rights, without justification. Because the Railroad Defendants as well as defendant First Colony Development and Rail Holding Company (together, “Defendants”) refuse to honor Plaintiffs’ easements and continue to block Plaintiffs’ right to access and use Plaintiffs’ properties, relief is necessary and appropriate from this Court. In addition to declaratory and injunctive relief, Plaintiffs also seek damages from Defendants caused by their unlawful intrusions on Plaintiffs’ property rights and for Defendants’ interference with Plaintiffs’ easements."
Last edited by nomis on Sun Jul 25, 2021 2:54 pm, edited 2 times in total.
Reason: Removed unnecessary quote & removed erroneous carriage returns
Seen behind the motorman on the inside wall of a PCC departing "Riverside" many years ago: "Pickpockets are on duty for your convenience."