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GRAFTON, Mass. — The town of Grafton will begin arguing its case in federal court against the Grafton & Upton Railroad’s claim to pre-emption rights on Monday, Jan. 14.
Six days have been blocked off for the trial, which is set to begin 9 a.m. at U.S. District Court in Worcester, the Grafton Board of Selectmen said.
Grafton issued a cease-and-desist order in December against the railroad and its owner, Jon Delli Priscoli, after he announced during a selectmen meeting that the first of four 120-foot propane tanks was set to be delivered the next day. The town argued that federal pre-emption, which would bypass state and local laws, has not been proven.
Setting up a propane transfer station is part of the railroad business, meaning construction is under federal oversight, Delli Priscoli said. He also said he was following all federal safety regulations and would not allow any propane to be delivered until the site passed fire safety and environmental inspections, both nationally and locally.
Since the town issued its cease-and-desist order, which was upheld by U.S. District Judge Timothy S. Hillman until the trial, the railroad has set up a temporary fence along the entrance to its propane station on Westborough Road. It also parked a 400-foot stretch of rail and passenger cars that run parallel to North Main Street, making it difficult for the town to monitor whether the railroad is complying with the court order.
But Town Administrator Timothy McInerney was not deterred. “We commissioned a 65-foot bucket truck to take some photographs,” he said at a Tuesday night meeting, giving the town a bird’s eye view from the road.
Comments (10)
To Mr. Price the G&U has a storage track there in the photo. Usually rail cars that can not be placed are stored. If you took a second to drive by or even look at google maps or any satellite image of the railroad you could see that.
But your caption for the second photo clearly has the assumption that the G&U is trying to block the view.
What right does Delli Priscoli have to profit at the expense of the residents of this town in the way of lower property values, higher insurance premiums, the wear and tear on our infrastructure, possible water contamination issues, safety issues . . just too many to mention. I don't see how the courts could rule in his favor. He's in the railroad business primarily, not the selling of propane, preemption my @ss !!!
The owner of the G&U continues to "give the finger" to the Town of Grafton. Then again "Going nuclear and burying towns!" isn't a mature comment either. And the lack of communication isn't helping either.
Surprised he hasn't hired security guards and dogs to prevent anyone from going on the property either...
What ever happened to working together ? At least CSX made some concessions and worked issues out with the Town of Westboro when the flanders road transload facility was expanded...
LM
Hey Luther would you like a bunch of people without permission just walking or driving through your property every day?
I know private property means nothing to anyone these days but if it is not your property stay out. It is a really simple concept that alot of people do not understand.
Maybe it would be a good time to recoup the $1.2 mill tied up in the Creeper Hill land purchase (sub-divide and sell at profit?) and the Perrault land purchase (for a library that will never be built?).
The Perrault land is the buffer between the Grafton Library and the other proposed Grafton & Upton RR development parcel in town. I think it would be smart for the town to hold onto that land either as a buffer or as some sort of future bargaining point with the railroad or a way of controlling the G&U future development on Upton Rd...
Six day trial. Town better win, or we could have used this money to hire two or three new teachers. Legal bills will easily be in the six figures, and assuming Aladdins Lamp is correct, with which I agree, I am sure we will be back in court dealing with civil matters.
Win or lose, however, I am sure Herb Chambers will be smiling when he sells a new BMW or two through the town counsel's windfall in this mess.
Perhaps, under "normal" circumstances - I would agree that the GURR has a leg to stand on, when it comes to using the federal rights claim - however - this is anything but "normal"..... Not to rehash, but we have water pollution issues, school location problems, and residential property owners who are really fretting over what way this whole thing will go.... Most critical of all, is the fact that this is not just a NIMBY situation - it is a "Bombs in my backyard" scenario.....
So a federal court is going to listen to Grafton's arguments as to why the Grafton and Upton railroad does not qualify under federal law for railroad preemption rights.
I think the railroad has the law on their side.
AladdinsLamp seems wise in his foresight. I don't see this going well for the town...