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February 5, 2014

Federal board rules in dispute between Grafton & Upton Railroad, town

The U.S. Surface Transportation Board (STB) ruled last week that Grafton officials cannot interfere with the Grafton & Upton Railroad’s proposed construction of an additional rail yard and storage tracks.

The board also opted to hear additional testimony on a proposed propane transfer facility on the railroad’s grounds. The town contends that the propane facility wouldn’t be exempt from local jurisdiction since the work wouldn’t be conducted by the railroad company.

Interstate commerce law prohibits local authorities from unduly interfering with railroad operations.  

“The company is very pleased with the rulings,” said Doug Pizzi, Grafton & Upton Railroad spokesman. “It’s quite clear that the town was threatening to take the railroad to court again.”

Pizzi said the railroad is fairly confident that the STB will ultimately rule in its favor on the propane issue due to pre-emption regulations.

Grafton Town Administrator Timothy McInerney said the town was never planning to contest the expansion of the rail yard and had just been looking to make sure the railroad company was maintaining a proper buffer with the edge of their property. 

McInerney said he’s glad the STB will allow for a full hearing on the propane matter.   

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