A Suffolk County Superior Court judge has ruled against the plaintiffs who filed a lawsuit over the White Stadium development.
The lawsuit, brought forward by the Emerald Necklace Conservancy and several residents who live near Franklin Park, claimed that the project had not gone through the proper process. Specifically, plaintiffs said it needs to go under a review through Article 97, a part of the Massachusetts Constitution that deals with environmental protections and open space. They argued construction should be halted until such a review was performed.
The plaintiffs said in a statement they are disappointed by the judge’s decision and plan to assess their legal options.
The city and ownership of the Boston Legacy Football Club had teamed up on the project to renovate White Stadium as a hub for Boston Public Schools athletics and a home for the new National Women’s Soccer League team. The city and team pushed back against the point on Article 97, arguing that it protected natural resources, not human-made structures like a stadium, and that the land the stadium is on isn’t subject to an Article 97 review.
In his ruling, Judge Matthew Nestor sided with the city.
“Notwithstanding the testimony from nearby residents, there is simply inadequate evidence that the everyday use of the property evinces an unequivocal intent to dedicate the property as public parkland,” Nestor wrote in his ruling. “I conclude, therefore, that the Stadium Parcel is not protected by Article 97.”
Last year a judge had denied a request for a preliminary injunction and temporary restraining order against the project. And before the trial started, Massachusetts Attorney General Andrea Campbell declined to get involved in the case.
Mayor Michelle Wu called the judge’s ruling “a historic victory.”
“A renovated White Stadium will be open and used by BPS students, coaches, and community 15 hours per day, more than 345 days per year,” she said in a statement. “We thank the Superior Court for twice affirming this vital project for our students and community as a year-round facility that will inspire the next generation of Boston students. Together, after so many years of broken promises, we will give our young people and all our residents the scale of investment and opportunity that Franklin Park and our City deserve.”
Boston Legacy FC controlling manager Jennifer Epstein said in a statement that the team is pleased to continue the revitalization of White Stadium alongside the city.
“Boston Public Schools students and the communities around Franklin Park have long deserved the type of generational investment this project delivers,” Epstein said. “We look forward to contributing to a beautiful, modern venue to be enjoyed by everyone in the city and to playing our games in front of the best sports fans in the world.”
Boston Legacy FC is set to begin play next year.
Despite this latest setback, advocates are still pushing for an alternate course. The Emerald Necklace Conservancy has its own proposal for a stadium design as part of its argument against the White Stadium plan.
“Our advocacy for Franklin Park and the community is about supporting our kids and the park with a truly public stadium. The communities around the park should be central to decision making for our parks, not asked their opinion after decisions are already made,” conservancy president Karen Mauney-Brodek said in a statement. “We are proud to stand with community leaders who are not being heard. It’s our organization’s mission to work with all to protect and support Franklin Park and the rest of the Emerald Necklace for today and the future.”
