North Brookfield RR

[MaineCoonCat]

The section cited is a quote in the Worcester Telegram from Selectman Chabot, who claims that they have filed with the STB. Search their public site - there are no such filings. As for taxes, they have never paid taxes in EB.

Hmmmm.. Whereas the North Brookfield RR was apparently (and may still be) 90% owned by North Brookfield and leased to the Boston and Albany and therefore successors, I suspect this may be obfuscating research on this. This may explain the lack of any tax payment in East Brookfield. Note the word MAY. Methinks there's more information out there and it is just a matter of finding it to get the whole picture one way or the other.

Regarding any tax lien, I strongly suggest citing a source there ("C. Y. A."). Otherwise you might be inviting a libel action.

For you map and track plan afficianados, check this out!

[jaymac]

papabarn-
Dag!
Thanks, and may there never be problems similar to those of the Walpole plans!

[ILUVEB]

The link is easy to get to and it is not libel to state public information - wish I could figure out the way to post the link but this may enlighten.

http://74.8.243.132/malr/controller (cut and paste into browser - this is the Mass Secretary of State website for land records). Search Bigda. Under BIGDA DANIEL M. there is a 4/13/2010 Federal Tax Lien.

The amount? $570,535.96

If you want the docket number for the legal abandonment in 1972, it's in the STB library.

It used to be a RR - it is not now and has not been since 1972. It can only be one again with proper filing and review - which has not occurred in any way. There is no preemption here as in most other cases because of the legal abandonment.

Opposition here is just the beginning - the legal & regulatory process will take years before anything could happen.

[Cosmo]

papabarn-
Dag!
Thanks, and may there never be problems similar to those of the Walpole plans!

?????
Elaborate, PLEASE!

[MaineCoonCat]

Okay, found the lien. Nothing really unusual there. Would need to know the facts behind it as it easily could be a dispute being litigated.

If you want the docket number for the legal abandonment in 1972, it's in the STB library.

All I seem to find in their system for abandonments in '72 is:
7/19/1972 AB_53_0 206963 Kansas And Missouri Railway And Terminal APPLICATION KANSAS AND MISSOURI RAILWAY AND TERMINAL -ABANDONMENT AT KANSAS CITY, WYANDOTTE COUNTY, KS
http://www.stb.dot.gov/FILINGS/all.nsf/ ... Count=5000
so any pointers are appreciated.

[MaineCoonCat]

Even at the beginning there were some of those who were not in favour..
[quote="On Sunday, August 19, 2012 In an article entitled "North Brookfield hails 200th birthday", Bradford L. Miner of the TELEGRAM & GAZETTE staff"]In a reflection of some of the darker moments from the town's past, Celia Daniels, a veteran of the Barre Players Club, did a theatrical presentation of the life of Elizabeth R. Hill. Confined during her troubled life to an asylum for the insane, Mrs. Hill was a divorced mother whose children died in early childhood. Over the course of her life, she battled town officials, local clergy and prominent businessmen during the mid-1800s in their efforts to establish the North Brookfield Railroad, a 5-mile spur from East Brookfield to North Brookfield center.

The dispute between Mrs. Hill and the local rail barons involved the appraised value of 7.5 “productive” acres that Mrs. Hill owned.

Today, the Board of Selectmen, as trustees of the defunct North Brookfield Railroad, are intent on re-establishing freight service. [/quote]
Read more at the TELEGRAM & GAZETTE's web site.

[daylight4449]

Looking back, while I believe the railroad will still go in, would anyone agree in saying the three month timeline was a bit optimistic? I've heard from some friends who live near the roadbed, and they mentioned something was going on with the bridge on the northern end of the line. Beyond that, I haven't heard much else. Maybe staying semi-quiet might not be a bad idea with Morin hanging around.... Besides, if there was opposition when the line first went in, and it went in anyway, I'm voting for success on round two.

[ILUVEB]

Looking back, while I believe the railroad will still go in, would anyone agree in saying the three month timeline was a bit optimistic? I've heard from some friends who live near the roadbed, and they mentioned something was going on with the bridge on the northern end of the line. Beyond that, I haven't heard much else. Maybe staying semi-quiet might not be a bad idea with Morin hanging around.... Besides, if there was opposition when the line first went in, and it went in anyway, I'm voting for success on round two.

It's a more complicated situation than 150 years ago and the NBBOS have no clue. Berthiaume resigned from the RR - so they have no legal experts. I have looked at the line and nothing at all has happened on either end. DEP has warned NBBOS of the consequences of starting without proper filings due to extensive wetlands and preemption does not exist. In any case there have been no federal filings. It is not just one person - there are many that have met and planned and are armed with the law and the facts. The legal fights will go on for years. Note that the Bigda/Chabot hoopla announced was smoke and mirrors - and the tax lien is a major embarassment too.

[MaineCoonCat]

preemption does not exist.

And I presume you have researched this through your law firm and have a Surface Transportation Board decision stating such, correct?

there are many that have met and planned and are armed with the law and the facts.

Really... And you can verifiably cite at least some of these laws and facts (other than the "red herring" tax lien), right?

and the tax lien is a major embarassment too.

And the legal weight and/or relevance of this to this case is?

It must be remembered that Firestone Tires (Bridgestone/Firestone) still reports north of 2.5 billion dollars in sales annually after it's "embarrasment" a few years back..

I still suspect some of the delay involves the leasing situation dating back to the original B&A. I suspect this but at least I know better than to state it as "fact" without strong supporting and verifiable evidence.

Please, when engaging in speculation, kindly admit it. There is nothing wrong with speculation. When posting "facts", kindly support them. Thank you.

[ILUVEB]

We have extensively spoken with the STB, MA DEP, and attorneys, so yes, we know that of which we speak and we have documentation. If you want speculation, go to Chabot and Bigda. They promised a line running by summer. This is not a private enterprise - this is the NBBOS acting like a RR when they have no right to do so.

We are not going to arm our opponents with our specifics on a discussion thread. We did our research, and it took time and money. You can do the same - just don't rely on the Worcester T&G as the articles there on this topic do not come close to journalistic scrutiny, and accept Chabot and Bigda's claims without question. You may even be our opponents - that's speculation - see the difference?

Here's a non-speculative comment - the NBBOS and Bigda have no idea what hornets nest they kicked. We are ready and we will fight.

[MEC407]

Who is/are "we" in this context?

[MaineCoonCat]

We have extensively spoken with the STB,

"Spoken with" and a formal decision are two separate things.

this is the NBBOS acting like a RR when they have no right to do so.

I've yet to see anything that would deny such a right.

the articles there on this topic do not come close to journalistic scrutiny, and accept Chabot and Bigda's claims without question.

We have extensively spoken with the STB, MA DEP, and attorneys, so yes, we know that of which we speak and we have documentation.

I question this claim. The "we" seem to be a wee bit too "secretive" to my way of thinking.

Here's a non-speculative comment - the NBBOS and Bigda have no idea what hornets nest they kicked. We are ready and we will fight.

Perhaps, but I would caution against any overconfident statements. The example of Muhammad Saeed al-Sahhaf may be of value.

[BrianS]

Why is there so much opposition for this railroad?

[Cosmo]

Because ppl need a place to dump their trash/yard waste and ride their dirt-bikes/atv's

[MaineCoonCat]

Why is there so much opposition for this railroad?

Hmmmm.. Actually, in this forum thread, unless my lousy math has gotten worse, I come up with 1. I've yet to see any evidence of ILUVEB's "we" (conclusive or otherwise) so myself, I've kind'a got to go with what I've got.