By Theresa Knapp 

Worcester Superior Court issued a judgement in November regarding the 10-citizens’ lawsuit filed by 10 Hopedale taxpayers who contend the Select Board (and representatives for the Grafton & Upton Railroad) did not follow the directive of an Oct. 2020 special town meeting to purchase 155 acres of land at or near 364 West Street. 

The suit has been making its way through the courts for several months and is now before Superior Court Justice Karen L. Goodwin who issued a decision on Nov. 4 that was unclear to town officials and town counsel. 

Attorney Peter Durning of Mackie Shea Durning, PC, is counsel for the town in this matter and provided a limited update to the public at the Select Board’s Nov. 22 meeting. 

Durning said the town is in a bit of a “holding pattern” as it awaits clarification from the court. 

“Upon review of Judge Goodwin’s Memorandum of Decision and Judgement, Brian Riley [town litigation counsel], with my concurrence, came to the conclusion that the Memorandum of Decision just did not contain enough specific information to give the Select Board appropriate guidance about the avenues that it could pursue in the wake of that Memorandum of Decision.” 

Durning said clarification is needed on Count II. 

“Judge Goodwin denied the plaintiffs their request for declaratory relief under Count II because Judge Goodwin determined that those parties lacked standing to challenge the decision. But she also granted the Motions for Judgement on the pleadings by the town and the railroad with respect to Count II. Yet in her discussion, she notes that it is within the [Select] Board’s sole discretion to determine to seek town meeting approval for the settlement agreement, to renew its attempts to enforce the option, or to do neither.”

Durning said he and Attorney Riley “saw too many difficulties for the town and the Select Board to go forward on one of those three options without clarification from the court, particularly given the  litigious nature of this matter and the competing interests of the parties who have already brought actions against the bos on this issue.” 

Select Board Chairman Brian Keyes said, “The need for clarity is there to make the most sensible decision on the matter and we want to get it right.” 

Selectperson Glenda Hazard said, “I just wanted to reassure the residents that us asking for clarification does not preclude us from taking any particular action in the future, and that I understand how you all feel, and that the board has already agreed that we are going to return to that discussion as soon as possible.” 

A public discussion will be held after clarification is received from the court.