Hopedale is getting a second chance to acquire 130 acres of forestland from railroad

HOPEDALE — The town is being given a renewed opportunity to enforce its right of first refusal to acquire 130 acres of forestland after a recent Land Court ruling.

Land Court Judge Diane Rubin recently ruled that because a previous settlement reached by the town and Grafton and Upton Railroad to split the West Street land was never authorized by Town Meeting, the town may continue to enforce its right of first refusal to acquire the forestland.

That previous settlement occurred in 2021, when Hopedale selectmen signed an agreement with the railroad — after the two parties had engaged in court battles and subsequent mediation — that would split the land between the railroad and the town. The town agreed to pay the railroad $587,000 for about 84 acres, because a railroad-owned trust owned the land.

Earlier: Hopedale pulls ‘180 degree turn’ by reopening Land Court case against railroad

In December 2022, 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. A Special Town Meeting vote had given its approval to acquire the forestland two years earlier, in October 2020.

The West Street property consists of 155 acres, with 130 acres classified as forestland.

Attorney credits residents for commitment in having town acquire land

Harley Racer, an attorney with Boston-based Lurie Friedman LLP, represents a group of residents that's committed to helping the town acquiring the forestland.

"The residents didn't give up," Racer told the Daily News. "The open space matters to the town. It affects the watershed, so that matters to the town."

Following the 2021 settlement, 11 residents filed a lawsuit, and secured an injunction to stop the town from paying for, and therefore acquiring the 84 acres while the case played out in court. Town Meeting then rejected the settlement in March 2022. However, the injunction did not stop the railroad from proceeding with construction, and the company began clearing about 100 acres of forestland.

'The right result': Superior Court judge orders railroad to keep hands off protected Hopedale land

Town Manager Mitch Ruscitti said he could not comment on ongoing litigation.

"The residents persevered and persisted and did the bad deal — and now they found the second chance at conserving this property," Racer said.

Attorney for railroad says his side believes judge made wrong decision

Don Keavany, who represents Grafton and Upton Railroad, said his clients are disappointed with the ruling and believe the judge made the wrong decision.

"We're exploring all of our options," said Keavany, an attorney with Worcester-based Christopher, Hays, Wojcik and Mavricos.

Racer said the town intends to pursue damages as part of the enforcement of its right of first refusal, citing harm incurred by the forestland and watershed, vital resources of the town.

"They cleared the land and outraged the town," Racer said of the railroad. "They also did it to intimidate the town so the town wouldn't keep fighting for this plan."

He said the town is bringing a new complaint to acquire the land title and t o obtain an order that Grafton and Upton Railroad must restore the forest and reduce the purchase price for the town to acquire the land.

This article originally appeared on MetroWest Daily News: Land Court judge reopens case involving disputed Hopedale forestland