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Yahoo
19-05-2025
- Sport
- Yahoo
Boston's White Stadium legal battle continues as plaintiffs appeal judge's dismissal
The legal battle over the renovation of the historic White Stadium in Boston's Franklin Park will continue as a group of residents opposed to the project appeal a judge's decision to throw out their lawsuit. Franklin Park Defenders, the group of plaintiffs that includes the nonprofit Emerald Necklace Conservancy (ENC), said late last week they plan to appeal the April decision that the land surrounding White Stadium was not protected under the Massachusetts Constitution. They had argued that renovating the city-owned property for use in part by a new professional women's soccer team would illegally change it from park and recreation land to private commercial use. 'It's our mission to protect and support our public parks for future generations – even when it's hard,' conservancy President Karen Mauney-Brodek said in a statement. 'This proposal for Franklin Park is the biggest change to public land in Boston and the Emerald Necklace in at least half a century, and it hasn't received the thorough legal vetting the public deserves. ... We're committed to partnering with the city, and anyone else, to make a fully public renovated White Stadium a reality.' Since its construction in the 1940s, the aging venue has fallen into disrepair because the school district has been unable to keep up with maintenance costs. The interior of one of the two grandstands was locked off to the public after it was destroyed by a fire decades ago. It was never rebuilt and has since been demolished in preparation for constructing the new stadium. The city has partnered with Boston Unity Soccer Partners, the owners of a new professional women's soccer team to be known as Boston Legacy FC, to renovate the stadium at an estimated cost of at least $200 million. The city's portion, an estimated $90 million, will cover the renovation of the east grandstand for use by Boston Public Schools (BPS) students. The soccer team will cover the remainder and lease the venue for up to 20 games and 20 practices per year. Outside of game and practice times, the facility will be open for Boston Public Schools, city and public use. Opponents of the project have claimed that the renovation, which is already underway, would take away access to a public asset and would be an inappropriate use of city funds. The Emerald Necklace Conservancy and a group of individual Boston residents initially filed the lawsuit in early 2024, but received an early loss as a judge declined to pause the project as the case played out. During a three-day trial in March, the plaintiffs argued that the 14-acre parcel of land containing the stadium was protected by a constitutional provision known as Article 97. The rule requires a two-thirds majority vote of the state Legislature for any publicly owned parkland to be used for any other purpose. However, to be covered, the city of Boston would have had to explicitly record it as a park. Suffolk Superior Court Judge Matthew Nestor ruled that the property was not parkland and had instead treated it as a school building since the stadium was initially constructed. 'There is simply inadequate evidence that the everyday use of the property evinces an unequivocal intent to dedicate the property as public parkland,' he wrote. When announcing the appeal, the plaintiffs said Nestor had not addressed several of their legal arguments, including the effects the project would have on the surrounding Franklin Park, the legality of selling alcohol on school-owned property and their claims of violations of the trust that owns the land. Not all members of the surrounding community oppose the project. After the Franklin Park Defenders announced their appeal, another group of residents denounced the decision to prolong the case, calling it 'an irresponsible tantrum backed by deep pockets.' 'Rather than acting as a true champion for the community, ENC leadership has chosen obstruction over collaboration, using its position to disparage anyone who supports the stadium's revitalization — including BPS students and families who want nothing more than a safe, vibrant place to play and compete," said Dot Fennell and Beth Santos, two BPS mothers who have led a grassroots group of supporters of the project. 'Boston Public School kids need partners, not lawsuits. ENC should drop this baseless fight and put its millions where its mission is — into the park, not the courtroom.' A spokesperson for the city said that city officials had met with the ENC board after Nestor's ruling to 'pursue a collaborative approach' in the future and were 'disappointed and frustrated' by the appeal. 'We will not be deterred from delivering the decades-delayed White Stadium renovation that generations of BPS students and park users deserve, and which is now finally underway,' the spokesperson said. 'The renovated athletic complex will be open for student and public use at least 15 hours per day, more than 345 days per year, delivered at half the price for taxpayers because of our partnership with Boston Legacy, a professional women's soccer team ... Given the expense to Boston taxpayers of continuing to defend against ENC's already-rejected claims, the city will carefully consider the future of its relationship with ENC to better protect residents and our parks.' A spokesperson for Boston Legacy told the Boston Herald that the team was likewise disappointed, but remained 'focused on advancing the work that is well underway as we prepare for the 2026 NWSL season.' Boston celebrates White Stadium victory as construction moves forward Judge rejects lawsuit over White Stadium project, says land isn't protected Boston professional women's soccer team announces new name Read the original article on MassLive.
Boston Globe
16-05-2025
- Business
- Boston Globe
Emerald Necklace Conservancy going back to court to block renovation of White Stadium
A full text of the appeal is not yet available, but a press release issued by the ENC made three claims that it believes warrant relitigation: multiple violations of state law that prohibit commercial usage purposes; illegal sale of alcohol in a Boston Public Schools facility; and a violation of the George Robert White Trust. Advertisement Demolition of the 76-year-old stadium is nearly complete and construction is expected to begin soon after the remaining rubble is cleared. Officials from the city's Landmarks Commission visited the site Friday morning and received a briefing on, among other details, materials to be used for new exterior and interior facades, seat cover colors, and paving materials. The city's share of the project is expected to rise above the current $91 million estimate, with the ownership group of the new NWSL team, 'It's our mission to protect and support our public parks for future generations, even when it's hard,' said Karen Mauney-Brodek, president of the Emerald Necklace Conservancy, in the release. 'We are optimistic that the courts will ultimately uphold the fundamental constitutional protections that all public recreation land in Massachusetts depends on, and protect Franklin Park and a public stadium for generations to come. And we're committed to partnering with the city, and anyone else, to make a fully public renovated White Stadium a reality.' Advertisement The team is to use the renovated stadium for portions of up to 40 days of the year, plus be responsible for year-round maintenance and operations. A new eight-lane track will surround the new professional-level grass field, with BPS Athletics gaining new office space in the city-financed and rebuilt east grandstand, which also will contain student and community usage space. The team is responsible for the construction of the west grandstand and a year-round restaurant being built just outside the stadium and still within the parcel. One bone of contention from the ENC is a new spur of paved road off Pierpont Road behind the west grandstand that leads to a loading dock to be used by the team. That change of use for commercial purpose was not addressed in the ruling, the ENC said. The group says that such a change would require two-thirds approval from the state legislature in order to not violate the Article 97 law that prohibits a different use of public parklands. Usage of other roads running through Franklin Park and new utility trenches also violate Article 97, the ENC claims. The ENC maintains that the ruling also ignored trial testimony about the sale of alcohol inside the stadium, which the plaintiffs said would be in violation of state law. Advertisement Boston Legacy FC has said it hopes to begin playing its first season at White Stadium next March. The east grandstand is not expected to be completed before late next year. Linda Henry, CEO of Boston Globe Media Partners, announced in February that she was withdrawing from the investor group behind the soccer team. Michael Silverman can be reached at
Boston Globe
17-03-2025
- Business
- Boston Globe
The White Stadium legal battle finally reaches Superior Court this week. Here's a reminder how we got here.
Advertisement Bolstered by Karen Mauney-Brodek, president of the non-profit Conservancy that is the lead plaintiff and driving force behind the lawsuit, still sees victory on the horizon. 'We are very confident and looking forward to the judge's findings,' said Mauney-Brodek, who said she is a potential witness. 'We're confident that those are going to uphold our truth and the truth of the Commonwealth's Constitution.' 'A few wealthy, powerful people are trying to profit off of Franklin Park, in violation of our state's laws,' plaintiff Dr. Jean McGuire, a Dorchester resident and former Boston School Committee member, wrote in a statement last month. 'If this massive redevelopment project is allowed to go forward, our communities will continue to pay the price. This is the public's park, and we're grateful to finally have our day in court to defend it.' Boston Unity Soccer Partners and the city signed their lease deal just before Christmas. Brett Phelps for The Boston Globe Broadly speaking, their case is driven by two claims. The first is that the White Stadium private-public development project violates Advertisement The city maintains Article 97 does not apply because the stadium parcel within the park is explicitly the property of Boston Public Schools, a status reinforced by votes of the state legislature in 1947 and 1950. Shirin Everett, an attorney at the Boston law firm KP Law who specializes in real estate and municipal law, noted in an email that the denial by a Superior Court judge last March 22 of a preliminary injunction and temporary restraining order against the project was 'not surprising' and 'consistent with recent case law.' Key determining factors in the judge's analysis, said Everett, included the 1950 act that specifically designated the property for school use, and BPS retaining custody of the property and using it 'primarily for the benefit of children/youth groups for at least 50+ years.' She added that the case 'continues the trend' of moving away from a The second claim by the plaintiffs is that renovating the stadium for a purpose that includes a private party violates the terms of the George R. White Trust, which provided the funds for the stadium's construction in 1947. The city and team say there's no violation because the Trust purchased the stadium parcel from the city's parks department, then directed BPS and the city to construct a stadium on it for the primary use of students, with the city to retain control and ownership of the parcel. Advertisement Mauney-Brodek did not address a question about appealing the decision should her side lose. 'This is one level,' she said. 'We are hopeful the judge will see the facts. It's pretty clear that this is public recreation land and it has been since 1883 or thereabouts.' Karen Mauney-Brodek has been president of Emerald Necklace Conservancy since 2016. Brett Phelps for The Boston Globe Some of The trial is expected to extend into next week. Boston Unity Soccer Partners, the corporate entity of the team formerly known as 'We look forward to the resolution of all legal claims, as the plaintiffs' allegations are not supported legally or factually, nor are their claims supported by legal precedent,' it said Monday in a statement. 'The plaintiffs' media campaign has misrepresented the facts, leading to public misconception about what, exactly, this project entails.' The team stated that it is a lessee, with ownership remaining with the City of Boston and Boston Public Schools, and that 'this project does not privatize White Stadium.' The city reiterated its desire for the ENC to drop the suit. 'A renovated White Stadium will be open for BPS students, coaches, and the public more than 345 days per year, generally 15 hours per day,' read a text from a city spokesperson. 'Although we have urged ENC for months to abandon their lawsuit and join our effort, we look forward to clearing the way for the renovation to proceed. After 40 years of broken promises and two years of community meetings, kids have waited long enough.' Advertisement A statement signed by 44 members of the new BPS Students for White Stadium group last week urged a verdict for the defendants. 'For as long as we can remember, White Stadium has been in terrible shape. BPS students deserve a beautiful facility that will be used by more students and more teams than ever before,' they said. 'We ask the adults trying to stop the project to spend a day in our shoes and reconsider what you're fighting against — better opportunities for Boston students.' Josh Kraft, who is Related : Late last month, Mass. Attorney General Andrea Campbell's office stated it 'has absolutely no role in that debate' because 'state laws . . . do not prevent the City of Boston's plans, as the Superior Court already has indicated.' Attorney Larry DiCara, a former president of the Boston City Council and White trustee, said the case will be 'fascinating' to watch. 'A city has a right to manage its property, but there are no laws that determine what you can do and what you cannot do, and that's what the court's going to decide,' said DiCara. 'I hope there's a real clear decision on all of these issues so people can move on with their lives in every sense.' Advertisement Linda Henry, CEO of Boston Globe Media Partners, Shirley Leung of Globe Staff contributed to this report. Michael Silverman can be reached at
