Sudbury Lawsuit Over 'Rail Trail' Before MA Supreme Court

SUDBURY, MA — The state Supreme Court on Tuesday heard arguments in a land-use lawsuit filed by Sudbury against the MBTA and Eversource. Sudbury is appealing its case to the Supreme Court after the state Land Court dismissed the matter in 2018.

The case revolves around a deal the MBTA struck with Eversource several years ago to allow the utility to bury transmission lines under a defunct rail line that runs through Sudbury, Wayland, and other towns. The agreement would generate about $9 million over 20 years for the MBTA, and Eversource would also build a miles-long "rail trail" above the buried power lines for the public to use. The MBTA acquired the land in the mid-1970s from the Boston & Maine Railroad Corp.

Sudbury sued in 2017, arguing that the MBTA violated the law by striking a deal with Eversource without legislative approval. The town also claims that the project would disrupt sensitive natural areas, like the Hop Marsh Conservation Land, which abuts the right-of-way.

The MBTA, however, argued that Eversource's use of the land will be for private purposes, and so it no legislative approval was necessary. In 2018, the Land Court sided with the MBTA and dismissed Sudbury's complaint.

The state Supreme Court is being asked to decide only whether the Subdury suit was improperly dismissed by the Land Court. The Supreme Court likely will not rule right away.