GRAFTON – Press Release (in part) from the Office of the Town Administrator of the Town of Grafton, Timothy P McInerney.
…….The U.S. District Court agreed with the Town, and granted the Town’s motion to remand the case to state court. Judge Hillman stated that the construction of the proposed propane facility “conflicts with the Town’s existing zoning by-laws for several reasons,” and that the Town’s original action against the railroad raised only state law claims and therefore the federal court lacked jurisdiction. The Court rejected as “nothing more than bald allegation” the railroad’s claim that the Town’s request for remand to state court was merely a delay tactic. To the contrary, the Court held that the railroad’s arguments that removal to federal court was appropriate “cannibalize themselves and remain untenable.”
The Town is gratified that the Court has agreed with it’s position that this case should have been referred to the STB by the state court judge. Unfortunately, due to the railroad’s demand that the case was properly removed, the Town had to undertake an expedited federal trial before it was remanded to the Superior Court. The Town will further review the decision in the coming days to determine what it’s next step will be.
Link to the full press release – Ruling-Press-Release-Federal-Court
UPTON DAILY 
So glad to see justice prevail for the Town of Grafton.