White Stadium trial, Day 3: Closing arguments as judge weighs plaintiffs' demands to end NWSL renovation project
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Before defense attorney Gary Ronan, representing the city, rebutted each of the eight counts brought by the plaintiffs, he argued that Article 97 is concerned with the public's right to enjoy natural resources.
'It is not about protecting buildings, it is not about protecting man-made structures, it is not about protecting large concrete sports stadiums where 10,000 people can sit on man-made construction,' said Ronan.
Ronan also argued that Article 97 does not apply to any impacts made by the existence of a man-made structure such as White Stadium on a park such as Franklin Park.
Lead plaintiff attorney Alan Lipkind challenged the meaning of impact from a different perspective.
Lipkind argued that even if the judge rules that the stadium parcel lies outside of Article 97's purview, he must consider that travel to and from the stadium requires using Franklin Park's Article 97-protected roads to get to the property.
By issuing a license instead of an easement in the stadium-usage agreement with the team, Lipkind maintained, the city and team dodged an issue that would have prompted legislative approval. 'No one is going to put $200 million on an island for a project like this unless they have a right to get to that parcel. It would be insane to do that,' he said.
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Linda Henry, CEO of Boston Globe Media Partners,
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Before the attorneys spoke, Nestor also gave 'a 21st century shoutout to a 20th century man,' George Robert White, the person ultimately responsible for everyone's attendance in the Superior Court Room 304, given that White Stadium was built in 1947 with funds from White's 1919 trust. Nestor noted that since White's death in 1922, funds from his trust have also supported a number of Boston neighborhood health centers, as well as the Franklin Park Zoo and Massachusetts Audubon Society.
'Those are all things that impact people directly in the city of Boston today, so kudos to Mr. White,' said Nestor. 'One other thing he did, in the town of Acton, he set up a trust to help the poor and unfortunate — irrespective of citizenship. I'll just leave that there.'
Nestor also acknowledged the well-attended courtroom gallery, where supporters of the plaintiffs, as well as some for the defendants, sat for all three days of the trial.
'I've seen you in the back and — it's not the usual, I don't know how to describe it — you don't hate each other, which is great because no matter what happens in this case, the neighborhood's going to go forward in one fashion or another and you're all going to still be neighbors and still be friends,' said Nestor.
Michael Silverman can be reached at
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