Connect with us

Boston, MA

In last-minute maneuver, Boston’s White Stadium opponents seek new ‘legal theory’ to block city’s soccer project

Published

on

In last-minute maneuver, Boston’s White Stadium opponents seek new ‘legal theory’ to block city’s soccer project


With half their case already dismissed, a group of plaintiffs vying to stop the City of Boston’s public-private plan to rehab White Stadium for a pro soccer team made a last-minute motion near the end of trial to try to enhance their legal claims.

The late motion aims to provide a layer of insurance to the plaintiffs’ remaining major claim, by way of a legal theory purportedly backed by state law that gives 10 taxpayers the ability, through the court, to block the type of project the city and Boston Unity Soccer Partners are pursuing with their plan to rebuild the stadium on public parkland.

While 20 neighbors of Franklin Park’s White Stadium joined the Emerald Necklace Conservancy in filing last year’s lawsuit, not all of them were homeowners who pay property taxes. The motion adds to their legal challenge, that the proposed for-profit stadium would illegally privatize protected public land, by ensuring that the plaintiffs include 10 “taxable inhabitants of the City of Boston.”

“Under this statute, this court ‘shall have jurisdiction in equity, upon petition of not less than ten taxable inhabitants of the city or town in which such common or park is located, to restrain the erection of a building on a common or park in violation of this section,’” the motion filed Wednesday by Attorneys Alan Lipkind and Nicholas Allen states.

Advertisement

The motion asserts that the city is violating state statute by erecting a more than 600,000 square-foot building on designated public parkland without legislative approval, and by raising funds for the roughly $200 million project.

That legal argument forms the basis of the plaintiffs’ remaining case, which is that the public-private 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 and easements taken or acquired for conservation purposes. The city and BUSP deny the privatization claim.

The plaintiffs’ motion “to conform their pleadings to the evidence presented at trial,” drew backlash from attorneys for the City of Boston, who argued that the last-minute legal maneuver should not be allowed by Suffolk Superior Court Judge Matthew Nestor.

An attorney for the city, when the motion was introduced at the trial Wednesday, described it as “extremely prejudicial to us,” given that the plaintiffs were seeking to “add claims in the middle of a trial” that the city’s legal team had not had a chance to review nor prepare evidence for.

Lipkind responded by saying there “no new claims” introduced by the motion.

Advertisement

“It’s just another tool to give the court a legal theory to rely on,” Lipkind said.

A city attorney also sought to convince Nestor to disallow the motion by arguing that it was “futile,” given that the city is only paying for its half of the project, there’s “nothing illegal” about the city spending city funds to build a school building and sports stadium, and Boston Public Schools will retain ownership of White Stadium after it’s rebuilt.

The city’s legal team also argued that the proposed use fits under the “works of beauty and public utility” for Boston residents category that the municipality was authorized to use Franklin Park for, when it was purchased by a public charitable trust in 1947 for the purpose of establishing a stadium there.

The plaintiffs’ half of the case arguing that the trust, the George Robert White Fund, does not allow for “joint undertakings” such as what the city and Boston Unity is proposing, was thrown out by Nestor on the eve of trial Monday.

In this instance, Nestor, who ruled in favor of the city on all pre-trial motions, opted to allow the plaintiffs’ last-minute motion on Wednesday. He had also rejected the city and BUSP’s motion to dismiss the plaintiffs’ claims a day earlier, allowing the trial to continue.

Advertisement

Nestor said that while it’s “always good to bring claims before” a trial, the law is clear that there’s nothing barring a new claim in a civil case … “even though it’s late, really late.”

“But it’s not too uncommon,” Nestor said. “I will allow the motion.”

The matter came up again at the end of the day’s trial session, when Gary Ronan, an attorney for the city, told Nestor that the city’s legal team needed more time “to address the amended complaint.”

Nestor, who had said earlier that he would allow the defendants the ability to address the amended claim by introducing new evidence or a new witness, said that he wouldn’t allow much more time, given that he was looking to wrap up the trial with closing statements on Thursday.

“You know what the theory is so nothing from here on out should be a surprise,” Nestor said. “If there’s anything in the written amended complaint that creates something different, I’ll certainly reconsider it.”

Advertisement

The second day of trial revolved around the city’s witnesses, two city officials who were involved in what they described as an extensive review and design process for the White Stadium rehab and a BPS athletics official who spoke of how he felt the plan would bring much-needed improvements to the run-down 76-year-old facility.

While Nestor ruled against allowing the plaintiffs’ pre-trial motion to bring forward public drinking concerns with the plan, he opted on Wednesday to allow their attorneys to raise the issue of state statute not allowing alcohol on school property.

Nestor, after a city attorney objected, said the city’s legal team opened that door when questioning a witness about permitted events at the stadium, which BPS owns and would share use of with the  National Women’s Soccer League expansion team.

The city’s contention that its prior classification of Franklin Park as being protected by Article 97 — a key point of contention in the plaintiffs’ case — was due to a mapping mistake by a retired Parks Department employee was raised again during testimony by Interim Parks Commissioner Liza Meyer.

The issue, regarding classification in city open space plans that go back “decades,” was first raised Tuesday in opening statements by the plaintiffs’ and city’s attorneys.

Advertisement

Day 3 of the high-stakes trial, which will determine the fate of the controversial plan championed by Mayor Michelle Wu, will convene at 9 a.m. Thursday. Wu’s opponent in the mayoral race, Josh Kraft, has called for a pause on the project until the litigation is resolved.

Originally Published:



Source link

Boston, MA

The old Bucks shine in upset over Boston

Published

on

The old Bucks shine in upset over Boston


The Milwaukee Bucks have struggled this season without their superstar Giannis Antetokounmpo. But against the Celtics, it was other veterans who stepped up, the old Bucks shined in a victory.

Advertisement

1. Bobby Portis Jr A+

Dec 5, 2025; Milwaukee, Wisconsin, USA; Milwaukee Bucks forward Bobby Portis (9) puts up a shot against the Philadelphia 76ers in the first half at Fiserv Forum. Mandatory Credit: Michael McLoone-Imagn Images | Michael McLoone-Imagn Images

The 30-year-old has struggled all season but against Boston, Bobby Portis was out if this world. Portis went for a season high 27 points on an absurd 84.6% from the floor. Portis knocked down 5 of his 6 three pointers and gathered 10 boards. Portis presence on the defensive end is always strong, but it was the offense tonight propelling the Bucks to the win.

2. Kyle Kuzma A+

Advertisement

Dec 3, 2025; Milwaukee, Wisconsin, USA; Milwaukee Bucks forward Kyle Kuzma (18) drives to the basket against Detroit Pistons in the second half at Fiserv Forum. Mandatory Credit: Michael McLoone-Imagn Images | Michael McLoone-Imagn Images

The 30-year-old turned back the clock against the Celtics producing a season high 31 points and shooting 76% from the field. Kuzma anchored the Bucks comeback scoring 25 of his 31 points in the second and third quarters. The Bucks trailed by as many as 14 and ran it up to a 21-point lead late in the fourth.

Advertisement

3. Kevin Porter Jr. A+

Dec 6, 2025; Detroit, Michigan, USA; Milwaukee Bucks guard Kevin Porter Jr. (7) dribbles defended by Detroit Pistons guard Caris LeVert (8) in the first half at Little Caesars Arena. Mandatory Credit: Rick Osentoski-Imagn Images | Rick Osentoski-Imagn Images
Advertisement

Kevin Porter Jr. gathered his first triple double of the season with 18/10/13. The 25-year-old continues to be one of the few bright spots for Milwaukee in a career year. Porter was getting whatever he wanted offensively and created for his teammates at a high level. Most notably Kyle Kuzma who accounted for 7 of his assists.

Advertisement

On the darker side of things, Myles Turner was extinct on the offensive end yet again. Turner had four points and was one of six from the floor while only gathering 3 rebounds. Turner did however help the Bucks hold the Celtics to 13 third quarter points, swinging the momentum back in Milwaukee’s favor. But Turner still has to be better, and prove his worth. Turner played 0 minutes in the fourth quarter, a troubling trend we have seen throughout the season, although tonight didn’t call for his presence.

This was exactly the game the Bucks needed, a win against a top team in the East, but also a win without Giannis Antetokounmpo. While the win is a bright spot in a rather dull season, every win counts in their current sitaution. As more losses could make a Giannis trade more likely.

Advertisement

Did the Bucks make a mistake signing Turner?

Advertisement

The Milwaukee Bucks tough start could get even worse

Why the Giannis injury may be delaying inevitable Milwaukee Bucks trade

Bucks make game-time call on key rotation piece vs. Celtics



Source link

Continue Reading

Boston, MA

Boston braces for porch pirates in 2025 holiday season — tips from police, carriers

Published

on

Boston braces for porch pirates in 2025 holiday season — tips from police, carriers


Holiday deliveries are stacking up on Boston doorsteps and police warn that means porch pirate season is back.

In the past year, one in four Americans was a victim of package theft with losses averaging between $50 and $100 per incident, according data in a report on package thefts in 2025 from security.org.

December is the peak month for porch pirates, with households receiving 10 more packages on average at the end of the year than at the start, the report found. Additionally, those who live in apartments and condos are over three times as likely to have packages stolen than people in single-family homes.

The crimes are something Boston residents are no stranger to.

Advertisement

During the holiday season in 2024, South Boston was terrorized by an individual the Boston Police Department dubbed the “Tom Brady of Porch Pirates.”

A 34-year-old woman named Kerri Flynn was arrested in connection with the thieveries on Christmas Eve 2024, after a Boston police cadet saw her in South Boston holding two bags stuffed with unopened packages.

Prosecutors ultimately dismissed her charges related to the South Boston thefts, as she pleaded guilty to charges in two other larceny cases. Flynn was sentenced to a year of probation with conditions to remain drug-free with screens and undergo a substance abuse evaluation with treatment.

To avoid another season of stolen gifts, Boston police are urging residents to take precautions and released a video on the topic Thursday.

The department advises to track deliveries and be home — or ask a neighbor — to grab them, or use secure options like lockers or scheduled drop-offs. Police also say to install a doorbell camera and immediately report any missing items, regardless of price or size.

Advertisement

Carriers like Amazon, FedEx, UPS and USPS also have a few more pieces of advice, like requiring signatures for high-value items and to avoid leaving packages out overnight.

Amazon recommends using Lockers or Hub Counters and enabling Photo-on-Delivery, while UPS suggests signing up for My Choice to redirect packages to Access Points. USPS also offers “Informed Delivery” and options to hold for pickup — all tools that may keep holiday gifts from getting intercepted before they reach the tree.



Source link

Continue Reading

Boston, MA

Boston City Council backs calls for Mayor Michelle Wu to provide updated cost for White Stadium

Published

on

Boston City Council backs calls for Mayor Michelle Wu to provide updated cost for White Stadium


The Boston City Council unanimously backed a resolution that calls for the Wu administration to release updated cost estimates for the city’s taxpayer-funded half of a public-private plan to rehab White Stadium for a professional soccer team.

The Council voted, 12-0, Wednesday for a resolution put forward by Councilor Julia Mejia “in support of demanding updated cost estimates for the White Stadium project” — a figure the mayor during her reelection campaign committed to disclosing by the end of the year but has not yet provided.

“This resolution is to ensure that the City Council and the people of Boston know the exact financial commitment the city is being asked to take on,” Mejia said. “The last public estimate was over $100 million, and we have every reason to suspect that the number has changed as construction costs continue to rise.

“Yet no updated cost breakdown has been presented to this body or the public. We cannot govern responsibly without real numbers. We cannot ask residents to trust a project with a price tag that is still unclear, and we cannot move forward with a proposal of this scale without a full transparent process that lets us know what the city is on the hook for.”

Advertisement

Mejia held a press conference with opponents of the White Stadium project and Councilors Ed Flynn and Erin Murphy, who co-sponsored the resolution, ahead of the day’s Council meeting.

Flynn said the resolution’s request was for the city to provide “basic and transparent information on how much the White Stadium plan is going to cost the residents.”

“I think residents do want to know how much it will cost and what impact that will have on taxes in the city,” Flynn told the Herald. “I support the development of White Stadium, but I don’t want to see it privatized.”

Melissa Hamel, a Jamaica Plain resident who attended the press conference and is part of a group of Franklin Park neighbors who have joined with the Emerald Necklace Conservancy in suing the city to stop the plan, said she was happy that the Council passed the resolution, but was “skeptical” that the city administration would follow suit and release updated cost projections.

“For me, as a taxpayer who’s lived in Boston for over 40 years and paid their taxes happily, I’m outraged that they want to continue to pursue this,” Hamel told the Herald. “For me to spend $100 million-plus … for a project that would primarily benefit a private enterprise, it’s just insanity to me.”

Advertisement

Hamel said the situation was particularly fraught given that the resolution was taken up by the Council on the same day it voted to set tax rates that will bring a projected 13% tax increase for the average single-family homeowner next year.

“For them to take money that is designated for the Boston Public School children and the facilities to spend it on a project that really primarily benefits wealthy investors who don’t even live in our community is insulting to me, and then to find out that I’m going to have to pay more taxes, 13%, to fund these projects is just outrageous,” Hamel said.

“The city is already too expensive for most people to live in,” she added.

Mayor Michelle Wu in July laid out a timeline for the city to release an estimate for what the roughly $200 million and counting public-private plan would cost taxpayers by the end of the year, but the final price tag has still not been disclosed.

Flynn said he anticipated that, based on the mayor’s stated timeline, the Council would have already had those figures by its last meeting of the year on Wednesday.

Advertisement

Wu’s office on Tuesday did not specifically respond to Mejia’s comments in her resolution — where she wrote that the city’s “significant fiscal pressures” heighten “the need for accurate cost estimates before committing substantial public resources” — but did provide a partial cost update which appears to mirror estimates that have been provided since last year.

“As the mayor outlined earlier this year, the complete bid packages for White Stadium were published in October. Under the timeline laid out by Massachusetts public construction laws, the responses will be evaluated and awarded in early 2026,” the mayor’s office said in a statement.

“As of Dec. 9, the city’s project expenditures include $12 million on demolition and construction, and an additional $76 million in subcontracts have been awarded,” Wu’s office said. “After more than 40 years of failed starts, White Stadium is being rebuilt as a state-of-the-art facility for BPS student-athletes and the community, open year-round. We are excited to be underway.”

The project has doubled in cost since it was announced by the city and its private partner, Boston Unity Soccer Partners, and the mayor said last summer that costs would likely increase again due to federal tariffs driving up expenses for steel and other construction materials.

The last estimated cost to taxpayers was $91 million, which was revealed late last year by the Wu administration and represented a significant jump from the city’s initial projection of $50 million for its half of the contentious project.

Advertisement



Source link

Continue Reading

Trending