Seems like Hopedale is listening to the residents and taking a legal course of action that will not end well. They didn't have a slam dunk case in land court, and now they have to reverse their own request for dismissal with prejudice. I'm not a lawyer, but when the plaintiff motions to dismiss their own complaint with prejudice, they're giving up their right to relitigate it in the future. Perhaps this is the only politically acceptable path forward for the Select Board. But if Hopedale loses in land court, the railroad gets it all.
From MFD:
"The Select Board has reversed field and now wants to reopen the Land Court case it filed to acquire 130 acres of forestland the Grafton & Upton Railroad was on track to take.
"On Dec. 30, the town filed a motion to reopen the case against the railroad to proceed with its original decision to buy the 364 West St. property under state law Chapter 61, for which Special Town Meeting gave its approval in October 2020.
In January 2021, after at least a year and a half of lawsuits, legal mediation, local and state hearings, and resident petitions and advocacy, the town and the railroad reached accord on splitting up the West Street property. Under that settlement, Hopedale was to acquire about 85 acres in the area, as well as a commitment from the railroad that it wouldn't develop another, small section for five years. The town would pay $587,500 for 64 of those acres.
"To seal that agreement, the town in February 2021 filed court papers to dismiss "with prejudice" its Land Court case against the railroad permanently.
"Now the town has changed its mind on the deal, citing "compelling and extraordinary circumstances," according to its Dec. 30 motion."
https://www.milforddailynews.com/story/ ... 170044002/
From MFD:
"The Select Board has reversed field and now wants to reopen the Land Court case it filed to acquire 130 acres of forestland the Grafton & Upton Railroad was on track to take.
"On Dec. 30, the town filed a motion to reopen the case against the railroad to proceed with its original decision to buy the 364 West St. property under state law Chapter 61, for which Special Town Meeting gave its approval in October 2020.
In January 2021, after at least a year and a half of lawsuits, legal mediation, local and state hearings, and resident petitions and advocacy, the town and the railroad reached accord on splitting up the West Street property. Under that settlement, Hopedale was to acquire about 85 acres in the area, as well as a commitment from the railroad that it wouldn't develop another, small section for five years. The town would pay $587,500 for 64 of those acres.
"To seal that agreement, the town in February 2021 filed court papers to dismiss "with prejudice" its Land Court case against the railroad permanently.
"Now the town has changed its mind on the deal, citing "compelling and extraordinary circumstances," according to its Dec. 30 motion."
https://www.milforddailynews.com/story/ ... 170044002/