Boston's White Stadium legal battle continues as plaintiffs appeal judge's dismissal
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.
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Boston Globe
02-07-2025
- Boston Globe
‘The right thing to do.' White Stadium supporters talk up advantages of city's rehab plan.
Some held signs: 'Build it for the students!' 'Repair the ruins! Restore the Park!' 'BPS Parents for Franklin Park!' Advertisement The news conference is the latest development in the saga about the White Stadium rebuild, which has become a political football in the ongoing mayoral race. Last month, Boston He Wu rejected that claim, saying the $170 million number 'does not reflect anything that's grounded in reality,' though she acknowledged it is based on an internal, 'worst-case' cost projection. Advertisement The plan for the stadium has been met with mixed reaction locally. Proponents have lauded the badly needed improvements to the facility, which had fallen into disrepair, and access for Boston Public Schools student-athletes and the Franklin Park community, as well as the positive impact of a women's professional soccer team playing in a public facility. But there also has been plenty of pushback from opponents who say a professional soccer stadium is not the right fit for the location. They have concerns about the impact of the project on the park and the surrounding areas. On Wednesday, proponents of the stadium rebuild reiterated what they considered to be advantages of the plan, while portraying the opposition to it as small, vocal, and well-financed. 'We are really frustrated by the negative attention that this project has been getting, and we believe it's a very small group that is against the project,' said Christine Poff of the Franklin Park Coalition. 'A very loud group. very wealthy and very well funded.' She was referencing the Emerald Necklace Conservancy, a nonprofit park stewardship group that in recent weeks continued its legal challenge of the project, filing a notice of appeal with Massachusetts Appeals Court. In front of the stadium Wednesday, Nancy Lessin, who has lived nearby on Park Lane since the late 1980s, took exception to Poff's characterization of the opposition to the plan. 'I'm funded by nobody,' said Lessin, who has four grandchildren in the city's public schools and walks her Australian labradoodle, Tigger, at least twice a day in the park. Advertisement Lessin has ongoing environmental, health, and security concerns about the construction project, she said. 'There are many, many issues,' she said. 'I don't want to be characterized as someone who doesn't want things for the Boston public schools. I do.' Lessin disagreed with the notion that the city was transparent regarding the project, saying city officials have failed to answer questions of her regarding the stadium overhaul for months. 'The city has been not transparent at all,' she said. 'Not at all.' Poff, who pointed out there were about 60 community meetings regarding the White Stadium project, responded: 'I've had a different experience.' She also dismissed an alternative proposal supported by the conservancy that would see White Stadium refurbished into a The conservancy, in a statement, said it was proud to stand with a number of other groups, including the NAACP Boston, 'who support a significantly more affordable, fully-public stadium renovation that would meet the needs of BPS students and the community, without the many flaws of a massive new private soccer stadium.' 'Experts agree that a high school stadium should not cost anywhere near $100 million, and our community deserves a truly public stadium renovation that respects the state's strong environmental protection laws,' read the statement. 'With Boston Legacy playing their first season at Gillette Stadium, there is still ample time to collaborate on a better path forward.' At Wednesday's news conference, Rickie Thompson, president of the Franklin Park Coalition, called the ongoing proposal to renovate the stadium 'the right thing to do.' Thompson walks the park every day and said the planned overhaul of the stadium that allow it to play host to a professional women's soccer team would bring with it economic benefits to a part of the city sorely needs it. Advertisement Jacob Bor, who also serves on the Franklin Park Coalition board of directors, said the deal for the new stadium includes 'major wins' community, including funding mechanisms that will help maintain and preserve the park, increased public and school access to the space, and a schedule that will protect and respect big annual events held in the park such as Juneteenth and a kite and bike festival. A refurbished White Stadium could 'uplift' the entire park, he said. 'This is a park that's received very low public investment for over 50 years,' he said. Tony DaRocha, a retired Boston Public Schools teacher and local track coach, concurred, saying White Stadium has not been kept up. 'Why,' he asked, 'should our kids be deprived of facilities that are world class?' Danny McDonald can be reached at
Boston Globe
16-06-2025
- Boston Globe
Kraft rips Wu on White Stadium: ‘A catastrophic failure of city management'
Related : Advertisement Standing in front of a remaining wall of the stadium, fenced in by a construction, Kraft said Monday that Wu was overseeing 'the least transparent City Hall in generations.' 'You need to stop hiding the ball and tell the taxpayers what the actual cost is going to be,' he said. 'This is a catastrophic failure of city management.' Kraft said his campaign had received the $170 million from City Hall insiders, but did not name names. Asked what is driving costs up, he told reporters they should 'check with the city.' Messages left with Wu's office and campaign were not immediately returned Monday morning. The stadium rehabilitation plans, which aim to create a home for the women's professional soccer team Boston Legacy FC, has been met with mixed reaction locally. The stadium is located within Franklin Park, Boston's largest green space. Advertisement Proponents have lauded the badly needed improvements to the facility, which had fallen into disrepair, and access for Boston Public Schools student-athletes and the Franklin Park community, as well as the positive impact of a women's professional soccer team playing in a public facility. But there also has been plenty of pushback from opponents who say a professional soccer stadium is not the right fit for the location. They have concerns about impact of the project on that park and the surrounding areas. In recent weeks, the Emerald Necklace Conservancy continued its legal challenge of the project, filing a notice of appeal with Massachusetts Appeals Court. At Monday's news conference, opponents of the project held signs reading 'Save Franklin Park' and 'Franklin Stadium Bag Job.' Much of the stadium's old edifice has been demolished. On Monday, scaffolding stood in front of one stadium stand that faced an entrance to the park. Additionally on Monday, the NAACP Boston Branch called 'However, we have serious concerns about the current $200 million proposal to redevelop White Stadium into an 11,000-seat venue to be leased to Boston Unity Soccer Partners (BUSP), a private, for-profit entity,' read the statement. 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 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. On Monday, Kraft said he would support an alternative concept proposed by the Emerald Necklace Conservancy that would see White Stadium refurbished into a 'That's what I would've liked to have seen happen,' he said during the press conference. A handful of demonstrators protesting the city's current plan replied: 'Still can!' The city's proposal for the site, he said, constituted a 'bad idea' from the onset. Wu, he said, has been 'outfoxed' by private investors behind the deal. 'The public deserve answers,' he said. This developing story will be updated. Michael Silverman and Niki Griswold of Globe staff contributed to this report. Danny McDonald can be reached at
Yahoo
19-05-2025
- 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.
