ELAINE K. MURRAY and RUTH LEVENS v. MASSACHUSETTS DEPARTMENT OF CONSERVATION AND RECREATION.

In this case, the plaintiffs seek a judgment quieting title, pursuant to G. L. c. 240, §§ 6-10. Plaintiffs each own property in Newton, Middlesex County, Massachusetts, the fees of a portion of which now are or formerly were encumbered by a railroad right of way easement for operation of the Newton Lower Falls branch line. The Commonwealth claims rights to this disputed rail easement under the deed dated November 1, 1982 and recorded with the Middlesex (South) Registry of Deeds at Book 15359, Page 464.

The case came before the court (Piper, J.) on cross motions for summary judgment. In accordance with the court’s Decision of even date, the parties’ cross motions are DENIED, the court ruling in its Decision that under federal law this court lacks jurisdiction to determine the parties’ rights in the subject railway and the question whether or not the disputed easement has been abandoned or otherwise extinguished.

Accordingly, it is

ORDERED and ADJUDGED that this case in its entirety is DISMISSED, without prejudice to the opportunity of any party to seek an order, declaration, or other determination and relief regarding the status of the subject railway and the disputed easement from the Surface Transportation Board or from an appropriate federal court, or to take other appropriate action not inconsistent with the court’s Decision of even date.

By the Court.