On Friday, October 3, 2014 a Worcester Superior Court judge dissolved the injunction against the Grafton & Upton Railroad rendering the cease-and-desist order null and void.
The cease and desist order had halted work at the planned 320,000 gallon propane transloading facility while Grafton and the G&U Railroad waited for a court to rule on if the facility fell with in pre-emption.
The case had been through the Federal Court before landing at the Surface and Transportation Board (STB) who found in favor of the railroad stating in part “…that state and local permitting and preclearance requirements, including zoning requirements, are preempted with regard to the construction and operation of the facility…”
Upon receipt of this decision Grafton requested an extension of the cease and desist/stop work order while the case was reviewed by the First Circuit Court of Appeals in Boston.
The Worcester Superior Court wrote “…The Court is persuaded that it is not in a position, in effect, to overrule the equivocal decision of the STB regarding federal pre-emption, even if the decision faces challenges.”
Richard Price at the Grafton Villager had an opportunity to speak with a spokesperson for the RR and Grafton officials, so I am throwing you over to him for the rest of the story… http://thegraftonvillager.com/court-dissolves-injunction-against-railroad-selectman-meets-with-delli-priscoli/
UPTON DAILY 