A Superior Court judge today ruled that the public parkland protections of the Massachusetts State Constitution do not apply to the proposed redevelopment of Franklin Park’s White Stadium, and that demolition can continue to build the new stadium complex.
Suffolk Superior Court Judge Matthew Nestor said the public-private project between the city and Boston Unity Soccer Partners did not violate Article 97, a state law that protects public parkland from redevelopment unless it gets a two-thirds vote in the state Legislature. The lawsuit led by the Emerald Necklace Conservancy and residents alleged the city violated state law by failing to obtain legislative approval under Article 97.
The city argued that the stadium parcel is not protected by Article 97 because it’s classified as a schoolyard and not protected parkland. The parcel is a 14-acre property that is owned by the George Robert White Fund, a permanent public charitable trust. The city also said the National Women’s Soccer League team, now called the Boston Legacy, has signed a 10-year lease to use the facility, meaning the private organization is a renter and not an owner of the property.
“In a city of sports champions, this is 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,” said Boston Mayor Michelle Wu. “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.”
Wu, Boston Unity Soccer Partners, Boston Public Schools leaders, coaches, residents and Franklin Park advocates are hosting a press conference celebrating the ruling on Thursday.
The Emerald Necklace Conservancy and some residents have bristled about the cost continually going up, with the city saying they’ll pay at least $90 million of the project that is estimated to be more than $200 million. There are also concerns about traffic, noise, parking issues, and that the Boston Public Schools won’t get to use the facility as much as the city says it will.
“The fight to protect Franklin Park is not over. The project’s full construction cost will not be clear until at least July, when construction bids are due, and we hope there is a limit to how much the city is willing to spend to prop up Boston Unity’s private investors,” said Melissa Hamel, a Jamaica Plain resident and plaintiff in the case, according to a press release. “A more reasonable, less expensive, and fully public renovation of the existing White Stadium, which could deliver high-quality facilities for BPS students without the many flaws of the new private soccer stadium, is still an option worth pursuing.”
“We’re deeply disappointed by the judge’s decision regarding the applicability of constitutional public land protections to Franklin Park and the land of the George Robert White public trust, and we plan to assess our legal options,” said Emerald Necklace Conservancy President Karen Mauney-Brodek. “This proposal for Franklin Park is the biggest change to public land in Boston and the Emerald Necklace in at least half a century. Proposals for public land with such an impact on the public require a true and fair public process, including consideration of alternatives and a robust review under the Massachusetts Environmental Protection Act. This park, and our communities, have been denied that right.”
