MBTA Seeks Dismissal Of Lawsuit That Could Stall MA Central Rail Trail

HUDSON, MA — The MBTA wants a state Land Court judge to dismiss a lawsuit that could prevent Eversource from moving forward with a plan to bury power lines under an old rail corridor in Hudson and Sudbury — and that would later become a new section of the Mass Central Rail Trail.

The case is part of a long-running legal battle helmed by the group Protect Sudbury, which has been attempting to stop the Eversource project with various legal maneuvers in recent years.

In the latest legal challenge, two Hudson-based limited liability corporations have sued the MBTA claiming they may have land rights linked to a former railway corridor. The MBTA purchased the rail line in the 1970s from a freight rail company with the intention of building a new commuter rail line.

That commuter rail project never happened, and the corridor has been idle ever since. Portions of the corridor are overgrown, while locals use some pieces as an informal walking trail.

Eversource began its transmission line project last year, but the plaintiffs in the lawsuit want a judge to stop the work while the new lawsuit proceeds. The plaintiffs claim the MBTA's 1970s taking of the rail corridor was unlawful.

One of the plaintiffs is Borg Brothers, LLC, a machine shop at the end of Brent Drive managed by Karl and Brandon Borg. The other is Most Noble, LLC, a company that owns a building at 569 Main St. Both the Borg and Most Noble properties abut the former MBTA rail line near where it enters Hudson from Sudbury.

Last week, the MBTA asked a Land Court judge to dismiss the lawsuit, saying in a filing that neither Borg Brothers nor Most Noble owned their properties when the MBTA bought the corridor in the 1970s. Further, the response says the two LLCs would have a difficult time proving the previous property owners had any claims to the rail corridor land.

The new lawsuit, which was filed on Jan. 23, initially included plaintiffs from Sudbury. Protect Sudbury asked a judge to dismiss the case in January so the suit could be re-filed with just plaintiffs from Hudson.

Once Eversource completes its transmission line project, the state is planning to pave over the rail corridor to create a new section of the Mass Central Rail Trail — a more than 100-mile planned trail between Boston and Northampton.

The two sides met Thursday morning for a conference, which set a briefing schedule for the case, according to the Land Court clerk.