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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