Here's what happened on Day 1 of the trial over the renovation of White Stadium
On Monday, Nestor
Alan Lipkind, lead attorney for the plaintiffs, used his opening statement in part to reinforce the notion that the 'shiny object' of the proposed new stadium can't help but represent 'a significant change of use' that would violate Article 97 and halt the project until and unless the state legislature approved it.
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Gary Ronan, lead attorney for the City of Boston, the first named defendant, concentrated on how the new stadium is simply a second iteration of White Stadium, which was built in 1949.
'The project is entirely consistent with Article 97,' said Ronan. The law 'talks about the public's right to the natural environment — trees and air, not large concrete buildings.
'White Stadium is a 75-year-old Boston Public Schools sports stadium made of concrete that is at the end of its useful life.'
The
The new one is expected to cost more than $200 million to house a new professional women's soccer team for 40 days a year, with BPS student-athletes and the community having priority access for the remainder.
The plaintiffs called five witnesses: plaintiffs Renee Stacy Welch, Louis Elisa, founder of the Franklin Park Coalition, and Dr. Jean McGuire; a consultant, John Bailey; and Karen Mauney-Brodek, president of lead plaintiff Emerald Necklace Conservancy.
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Asked about how the proposed project would impact her, the 93-year-old McGuire said, 'I can't see how you are going to use this for a professional team when it's used by the schools and freely used by the public — it's kind of a conflict.'
She added, 'It would be very difficult for people who don't live near the stadium to pile into it. There's nowhere to park.'
After the plaintiffs' final witness, the judge denied a request from the defendants to issue a ruling that the plaintiffs had not made a case for an Article 97 violation.
Superior Court Judge Matthew Nestor is presiding over the White Stadium trial.
Nancy Lane/Pool
The defendants' first witness, Diana Fernandez Bibeau, deputy chief of urban design for the city, is expected to continue her testimony when the trial resumes Wednesday.
At the conclusion of the day's proceedings, Welch, who has used the park since she was a girl and now works for the Emerald Necklace Conservancy, said the battle will continue even if the verdict goes against the plaintiffs.
'We're still going to keep fighting, we're not going to stop,' said Welch outside the courthouse. 'We owe it to ourselves as neighbors, as voters, as taxpayers to fight this fight here in Boston because this sets a precedent for the rest of the country, it sets a precedent for other people to go in and steal green space from communities, specifically urban communities.'
One lighter moment: After McGuire finished her testimony, Ronan declared out of respect and deference he did not wish to cross-examine McGuire, the founder and executive director of METCO for 43 years and a former Boston Public School Committee member.
Nestor then asked McGuire some questions about her memories of the park. McGuire went on to wax poetic about Franklin Park's beauty, at one point urging anyone who files in and out of Logan Airport to try to catch a glimpse of the park from above.
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Nestor thanked McGuire for her testimony, saying 'it truly has been an honor,' which prompted a round of applause in the courtroom.
Said Nestor: 'Usually I would say, 'No clapping in the courtroom,' but go ahead, it's fine.'
Linda Henry, CEO of Boston Globe Media Partners,
Michael Silverman can be reached at
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