Letters from Local, State Officials Being Considered in Grafton-Upton Railroad Lawsuit

Officials are awaiting a verdict from a judge in the lawsuit against the Grafton-Upton Railroad.

According to Grafton's Legal Counsel Ginny Kremer, the judge heard closing arguments on Feb. 11 and the case is currently under advisement. Among the correspondence that is being considered in the decision are letters from local and state officials: not all of which are consistently for or against the Dana Company.

The case began late last year when the railroad company's leadership began the development of a propane storage facility at 42 Westborough Rd.

A press release from the town of Grafton outlines the issues that in December 2012 led to the town issuing a cease and desist order to the railroad company.

"The railroad is claiming it's exempt from local land use regulation that the town has," Town Administrator Timothy McInerney said in an email to Patch. "We don’t believe the proposed facility is because the facility is not congruent to rail operations."

There is no timetable for the court's decision on the case, but according to Kremer the judge is currently reviwing all relevant information.

"At this point we have no comment on case except we anxiously await the court's decision," McInerney said.

Officials from both Grafton and Upton have sent correspondence to the courts for consideration in their decision.

Neighboring Upton's Board of Health on Feb. 13 wrote a letter to the Surface Transportation Board in Washington DC, noting that Upton residents on several occasions have complained to the Board of Health about dust and noise conditions at the railroad yard in Upton. The railroad has been "cooperative and accommodating," to the Upton Board of Selectmen during investigations of such complaints, and for that reason, Upton Selectmen and the Board of Health are not pursuing any action against the railroad company.

Not all Upton residents agree with selectmen in that town, however: as evidenced by a blog maintained on the matter.

Additionally, Sen. Michael Moore, D-Millbury, whose district includes Grafton and Upton, wrote a letter in support of residents' objections to the railroad's activities.

"I am keenly aware of the vital role that the nation's railroads play in sustaining our economy, and that the trans-loading of freight shipments is a most valuable service," Moore wrote in his March 8 letter to the Surface Transportation Board. "However, when its appears that a third party is using a railroad to try to escape local permitting and other regulatory requirements, there is an unwarranted abuse of the privilege of preemption which railroads enjoy under the regulatory scheme administered by your agency."