By Theresa Knapp 

A citizens’ lawsuit against the town related to property at 364 West Street is still pending. Town officials say the legal issues should go before the Superior Court over the summer with a judgment expected in the fall.

At a meeting of the Select Board on May 24, 2021, Chairman Brian Keyes read a prepared statement from Town Counsel Brian Riley of KP Law PC which said, in part: 

“The plaintiff’s response to the town’s motion is due by June 1, then all papers get filed with Superior Court and we ask for a hearing. We obviously oppose their position and submit that the Land Court settlement agreement is valid. If the town wants to get any of this property and avoid further litigation with the [Grafton and Upton] Railroad, it would be pursuant to the settlement agreement.” 

Keyes added, “Two of the members of the Board stand behind the settlement agreement...nothing’s changed in regards to our position.” The agreement was approved on Jan. 25, 2021, by selectmen Brian Keyes and Louis Arcudi III; selectwoman Glenda Hazard was opposed. 

The so-called “10 Taxpayer Lawsuit” alleges the Select Board did not have town meeting authorization to enter into the settlement agreement it reached with the Grafton and Upton Railroad for purchase of land at and near 364 West Street because that agreement consisted of fewer acres than the 155 acres voted for purchase by an October 2020 special town meeting.