
Boston’s White Stadium opponents dealt major blow by judge on eve of trial
A Superior Court judge dealt a blow to a group of opponents vying to stop the City of Boston’s public-private plan to rehab White Stadium for a new pro women’s soccer team — by throwing out half their case on the eve it’s set to go to trial.
Suffolk Superior Court Judge Matthew Nestor ruled in favor of the lawsuit’s defendants, the City of Boston and Boston Unity Soccer Partners, on all pre-trial motions filed by either side on Monday.
Nestor’s ruling also “effectively dismissed” one of the two major claims of the lawsuit filed by the Emerald Necklace Conservancy and a group of 20 park neighbors. That claim was that the defendants’ proposed use is a violation of the terms of the public charitable trust that the city used to purchase Franklin Park in 1947 for the purpose of establishing a stadium on that land.
That charitable trust, the George Robert White Fund, prohibited the co-mingling of those and other funds for “joint undertakings,” per the terms of a century-old will that the defendants seized on in their lawsuit.
The defendants alleged that the lease between the city and Boston Unity was a violation, by way of the public and private partners each contributing financially to fund their halves of the planned renovations, which stand at roughly $200 million.
Nestor disagreed, ruling that the plaintiffs lack the legal standing to pursue their claims based on the George Robert White Fund.
“The White Fund was established for the benefit of the general public, and the plaintiffs do not have individual interests in the White Fund distinct from that of the general public,” Nestor wrote in his ruling.
The City of Boston and Boston Unity Soccer Partners have contended that “the project is entirely consistent with George R. White’s will, which expressly allows for leasing White Stadium and for its renovation,” according to the soccer group.
Nestor also ruled in favor of the defendants by not allowing evidence that would challenge the city’s request for proposals process for White Stadium.
Public documents obtained by the Herald revealed discussions between the city and Boston Unity around the potential rehab of White Stadium for a new professional women’s soccer team were underway long before the city publicly released an RFP. BUSP was the only bidder.
The judge ruled that the plaintiffs’ complaint, filed last year, did “not assert any claim relative to the RFP process,” and that “therefore, any evidence or argument concerning” that topic was “not relevant” to the trial set to begin Tuesday.
“We are pleased with this initial ruling and look forward to resolving this matter in our favor through the rest of the judicial process,” BUSP Controlling Owner Jennifer Epstein said in a statement.
“White Stadium is a community asset that deserves generational infrastructure investment so that the communities around Franklin Park and Boston Public Schools students can enjoy it for decades to come.”
The judge’s pre-trial ruling leaves the plaintiffs an avenue to pursue their other major claim, which is that the proposed for-profit soccer stadium use would illegally privatize public land.
The plaintiffs say the plan violates Article 97 of the state constitution, which voters approved in 1972 and requires two-thirds approval from the state Legislature for other uses for land or easements taken or acquired for conservation purposes.
The city and BUSP have denied the privatization claim, pointing to a lease agreement that sees the city maintain ownership of White Stadium, which the National Women’s Soccer League expansion team would share use of with Boston Public Schools student-athletes.
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The judge, however, rejected policies that the plaintiffs sought to introduce at trial concerning plans to sell alcohol at White Stadium, allow alcohol in Franklin Park, and encourage traffic in the park as having no bearing nor relevance to the remaining claims.
The Emerald Necklace Conservancy downplayed the pre-trial ruling, saying the heart of their case remains the same.
“The core issue in this case is the same as it’s been since the beginning: is Franklin Park, including acres of land inside and outside the walls of White Stadium, constitutionally-protected public land?” a spokesperson for the plaintiffs said in a statement. “We believe that it is, and we’re confident that when all the evidence is presented, the court will agree.
“The city and BUSP have ignored the many state laws and regulations that are designed to protect the public’s access to public park and recreation land. We look forward to our day in court on Tuesday, when we’ll have the chance to stand up against the ongoing violations of environmental justice in our beloved park and public stadium.”
Opponents to the development of White Stadium deliver a letter to the AG’s office last month.(Nancy Lane/Boston Herald)