White Stadium Saga Continues

The White Stadium lawsuit saga continues after the plaintiffs filed an appeal of a Superior Court judge’s verdict

The White Stadium lawsuit saga continues after the plaintiffs filed an appeal of a Superior Court judge’s verdict.

In April, Judge Matthew Nestor ruled that the City of Boston and Boston Unity Soccer Partners (BUSP), the Boston Legacy’s ownership group, are not violating any public parkland protection laws by renovating White Stadium.

The plaintiffs, also known as the Franklin Park Defenders, include the Emerald Necklace Conservancy (ENC) and a group of residents and park advocates. They originally argued that the land the stadium sits on is considered parkland and is therefore subject to Article 97 of the Massachusetts constitution. Article 97 is designed to preserve open space, protect natural resources, and prevent parkland from being privatized. It would also require a two-thirds vote of the state Legislature to approve a park’s change of use.

The plaintiffs are challenging the ruling that the stadium parcel is not subject to protections. They also argue the impact the stadium’s “change of use” would have on the surrounding Franklin Park, which is protected by Article 97, was not assessed.

The appeal further states that the court did not address the claim that the public-private partnership violates the terms of the George Robert White Fund, the charitable trust that owns the stadium. The terms prohibit the trust’s funds from being used for “joint undertakings.”

Prior to the start of the March trial, Nestor dismissed half of the plaintiffs’ case saying they did not have the standing to litigate whether the trust was violated.

The stadium was demolished over the summer and the city is currently collecting bids from contractors.

“We also know that White Stadium has now been torn down,” said ENC President Karen Mauney-Brodek. “There is still time to rebuild it as a fully public facility for the Boston Public School athletes and for the community that we can all be proud of and for less.”

The ENC recently published an alternative plan for a smaller, high-school-only stadium with an estimated cost of $64 million. The current White Stadium price tag is over $200 million, with taxpayers on the hook for $91 million, a number that will likely increase after construction contracts are finalized.

Unless the city and team request an extension, they will have 30 days from the date the appeal was filed to submit their response brief.

Boston Legacy FC did not respond to a request for comment.