BOSTON — The Massachusetts Supreme Judicial Court has ruled that the City of Boston can move forward with the controversial $325 million redevelopment of White Stadium in Franklin Park, rejecting claims that state legislative approval was required before the project could proceed.
In a 36-page decision released Wednesday, the state’s highest court affirmed a Superior Court judgment in favor of the City of Boston, Boston Public Schools, and Boston Unity Soccer Partners, the ownership group behind Boston Legacy FC, a National Women’s Soccer League franchise that has been playing its home games in Foxborough and Pawtucket, Rhode Island.
The Emerald Necklace Conservancy and a group of residents brought the lawsuit, arguing that White Stadium sits on protected parkland covered by Article 97 of the Massachusetts Constitution. Article 97 generally requires a two-thirds vote of the Legislature before converting public parkland to another use.
In response to the decision, Emerald Necklace Conservancy President Karen Mauney-Brodek said in a statement, “We’re disappointed by this outcome, which means that a new professional for-profit sports stadium and entertainment complex in Franklin Park will not be subject to the high level of scrutiny, formal review of alternatives, and required approvals that our state’s constitutional public recreation land protection laws require.”
Boston Mayor Wu added in a statement, “Today’s clear and unanimous decision from the state’s highest court confirms that Boston’s student-athletes, park lovers, and community will fully benefit from this landmark investment in our future, without further delay. Renovations at White Stadium in Franklin Park are well underway to deliver a state-of-the-art facility that will be available in every season, open every day of the year, and create opportunities for unprecedented public benefit.”
Why the court ruled against opponents
The SJC concluded that while the land was originally acquired as parkland in the 1880s, legislative actions in 1947 and 1950 effectively changed the stadium parcel’s status decades before Article 97 was adopted in 1972.
According to the ruling, the Legislature authorized the transfer of the stadium parcel to the George Robert White Fund in 1947 and later designated White Stadium and the land beneath it as a “school building and yard” under the control of Boston Public Schools in 1950.
The court found those actions removed the property from its prior designation as protected parkland, meaning the city did not need a two-thirds legislative vote before entering into agreements tied to the redevelopment project.
“The stadium parcel was no longer subject to [Article 97’s] provisions,” the court wrote in the ruling. “Finally, we conclude that the plaintiffs’ challenges to the proposed use of areas within Franklin Park, but outside the stadium parcel, fail. We accordingly affirm the judgment of the Superior Court in favor of the defendants.”
Planned redevelopment
The project calls for demolishing and rebuilding White Stadium through a partnership between the city and Boston Unity Soccer Partners. The plan includes a new stadium, upgraded athletic facilities for Boston Public Schools, new pathways and lighting, and a restaurant and bar area within the Grove section of the property.
Under the agreement, Boston’s professional women’s soccer team would use the venue for home matches and other events, while Boston Public Schools would continue to use the facility for student athletics and other activities.
The ruling clears a major legal hurdle for the White Stadium redevelopment, a project that has generated years of debate over public access, park preservation, and the future home of Boston’s professional women’s soccer team.
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