TOWN OF SUDBURY, by and through its Board of Selectmen v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY and NSTAR ELECTRIC COMPANY d/b/a EVERSOURCE ENERGY.

On September 27, 2017, plaintiff, the Town of Sudbury ("Plaintiff" or "Town"), acting by and through its Board of Selectmen, filed a complaint in this court. The Plaintiff filed an amended complaint November 17, 2018. The Town seeks declaratory judgment (and related injunctive relief) that the prior public use doctrine compels the defendant Massachusetts Bay Transportation Authority ("MBTA") to obtain explicit legislative authority before the use of an inactive railroad right of way may be changed to a use by defendant NSTAR d/b/a Eversource Company (collectively with MBTA, "Defendants") to run power lines beneath the surface of the right of way.

This case came on to be heard on the motion to dismiss filed by the Defendants. In an order issued this day, the court (Piper, J.) has allowed that motion to dismiss.

In accordance with the court’s order, it is

ORDERED AND ADJUDGED that this case, in its entirety, as to all parties and claims, is DISMISSED. This dismissal is on the merits and is with prejudice. It is further

ORDERED AND ADJUDGED that this Judgment disposes of the entire case. No costs, fees, damages, awards or other sums, and no other relief, are awarded to any party.

By the Court.