Some interesting news on the Grafton & Upton RR
Paul
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THE BOSTON GLOBE
3/20/04
GRAFTON & UPTON - THE RAILROAD WAS GRANTED AN INJUNCTION AGAINST THE TOWN OF MILFORD
In US District Court, Judge Nathaniel Gorton waited the four weeks he said he would
[see 20 January issue] for the STB to act.
Facts about GU-
The judge found that GU has roots dating back to 1873, and currently
operates 15.5 miles of track, though it has been
"relatively dormant." It has yards in Hopedale, Grafton, Upton, and
Milford.
The Milford Yard is `uniquely located and configured to serve' the
Boston Railway Terminal, the customer GU wants
to land. The Yard is located in the geographic center of BRT's sphere
of operations, it has direct access to CSXT, and it
has road access to I-495.
Town of Milford legal argument
Milford agreed that federal law pre-empted its regulation of railroad
activity, but argued that the BRT operations were
essentially that of a trucking company. However, the Court read legal
precedents as stating that state and local regulation
of even non-railroad activities `are expressly pre-empted under the
ICCTA [federal Interstate Commerce Commission
Termination Act of 1995] so long as those activities are related to
the operation of railroads for use in interstate commerce.'
Grounds for injunction
The Court found that the four grounds for a preliminary injunction
existed. First, legal analysis showed GU would succeed
on the merits; second, GU would suffer irreparable harm because no
other customer is likely to use the Milford Yard; third,
the injury to GU outweighs the harm to the town. The town `will still
be protected by federal environmental statutes and
regulations.' Fourth, the public interest will not be adversely affected by a
preliminary injunction. The public interest is protected
by the federal environmental statutes and regulations, and enhanced
by `the potential for economic development.'
STB jurisdiction
However, the Court continued, the STB has primary jurisdiction here
and should `determine the precise scope of that preemption.'
The Court will `permit the STB to consider the matter in full.'
So the Court preliminarily enjoined Milford from taking steps to
prohibit GU from developing the Milford Yard with
the BRT. But it stayed the litigation [which would argue over making
the injunction permanent–editor] while the STB was
deciding the case.
{USDC District of Massachusetts, Grafton and Upton
Railroad v. Town of Milford, Civil Action No.03-
40291-NMG, decision 27.Feb.04, filed with STB in Finance Docket
No.34444}