White Stadium Lawsuit Trial Day 1 Recap

Everything you need to know from the first day of court

Photo Courtesy of NWSL Boston

White Stadium supporters and opposition filled a small courtroom Tuesday to watch the long-awaited trial begin.

Superior Court Justice Matthew Nestor heard the parties’ arguments over the four-hour period. The plaintiff’s and defendant’s lawyers presented their opening statements and called witnesses to the stand.

One of the original claims in the lawsuit said the Boston Unity Soccer Partners and City of Boston partnership would violate the terms of the George Robert White Fund, but Nestor ruled Monday that the plaintiffs did not have standing to bring that case to the defendants.

The judge made it clear he did not want to hear about issues irrelevant to the remaining question at hand.

“I’m not here to decide if this is a good project or a bad project,” Nestor said.

The judge will have to determine whether the stadium parcel is subject to Article 97 of the Massachusetts Constitution, which is intended, in part, to conserve natural resources and protect park land from being privatized. The act applies to changes in use or transfer of land owned by a public entity and requires an extensive legislative process.

Alan Lipkind, an attorney for the plaintiffs, argued that the stadium is considered parkland. He also said construction, increased traffic, and the sale of alcohol would impact adjacent parkland and qualify as change of use which would require an Article 97 review.

Attorney Gary Ronan, counsel for the City of Boston, rebutted, saying the stadium is a school building rather than parkland and the renovation would be consistent with the current use.

Six witnesses were called up to the stand, four of whom are plaintiffs in the case. Most detailed time spent at the park throughout their lives and how they have seen park use change over the years.

The defendants’ counsel called upon Diana Fernandez Bibeau as the last witness of the day. Fernandez is the chief of urban design at the Boston Planning Department and spoke about her role in the stadium renovation’s development review process.

Renee Welch, a plaintiff and one of the witnesses, says the plaintiffs expect a long fight.

“As a person who's lived in the city, this is the first time… I feel like I'm being heard, and it's sad that we have to file a lawsuit to be heard as people who've lived here,” she said after the proceedings. “I've been here since 1975… and I'm going to continue to fight.”