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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.
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.
“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.
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.”
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.
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:
“In moments of challenge and in moments of conflict, it does feel easier to put your head down,” Wu said at an event at the Old State House commemorating Attucks.
“Remembering the full history pushes us to be the beacon of freedom that the rest of the country and the rest of the world so very much needs.”
Inside the Old State House’s council chambers, city leaders, historians, and students gathered to celebrate Attucks’ legacy. They talked about the importance of memorializing him during a time when many present said the contributions of people of color to American history were being erased by the Trump administration, and the country’s founding principles were under attack.
Senator Lydia Edwards said the death of Attucks and the four others killed during the Boston Massacre helped establish important legal principles that still guide the country today.
Following the killings, British soldiers involved in the incident were put on trial. John Adams, who later became president, agreed to defend them in court, arguing that the rule of law must be upheld even during times of intense conflict.
“Even in these moments of strife, oppression of rogue federal government, that we remember that we stood up and still held to our court system, to the rule of law and to due process,” Edwards said. “We also remember who had to die in order to remind ourselves to do that.”
City Councilor Brian Worrell said Attucks was a symbol of the long struggle for equality in the country.
“It’s a story that is a reminder that Black and Indigenous Americans have always been at the forefront [of] the fight for justice,” Worrell said.
He said when he recounts Boston’s Black history, he almost always starts with Attucks’ story.
“He fought not simply against the tea tax or the Stamp Act, he fought for the most basic of rights. He fought for equal human lives. It’s a fight we as a city are still having,” he said.
Wu spoke about how on March 5, 2025, she was called to testify before Congress about Boston’s immigration policies during a six-hour hearing. She touted Boston’s safety record amid aggressive questioning, arguing that the city’s immigration policies improved public safety.
“On the 255th anniversary of the Boston Massacre, on Crispus Attucks Day, there was no way that this city wasn’t going to be represented in standing up for what’s right,” Wu said.
A chandelier lit the council chamber and red curtains covered its historic windows. On both sides of the room, students sat with their teachers. Winners of the Crispus Attucks Essay Contest, which invites local students to explore Attucks’ legacy, sat next to the podium.
“Sometimes history repeats itself,” said Toni Martin, an attendee at the event, who came to support her niece, who was being awarded. “Sometimes it gets better, but it takes revolutionary people to make change perfect.”
Outside of the State House after the commemoration, Sharahn Pullum, 18, who came in second for the essay contest, said, “My inspiration was just getting the opportunity to speak on something that matters.”
Michael Kelly, 65, joined the wreath-laying ceremony that took place at the Boston Massacre Commemorative Plaza. Kelly held a sign that said, “Ice Out Be Goode,” referring to Renee Good, a US citizen who was shot and killed by immigration agents in Minneapolis earlier this year.
Kelly said he had been standing at the plaza for three hours and is planning to stand there the entire day.
“People can stretch their imaginations to understand that this place, what happened here, is not at all different than what happened in Minneapolis,” Kelly said with tears in his eyes. “People standing up for something they believe in is vastly important, and we can’t be daunted.”

Aayushi Datta can be reached at aayushi.datta@globe.com.
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Born and raised in Southie, Heather Foley has seen her neighborhood morph over the past three decades of scrubbing, renovation, and new construction for higher-income new arrivals.
But even Foley was surprised to discover that her South Boston, where kids once went to the corner to buy milk and cigarettes for parents, has emerged with the city’s second-highest average income, even ahead of Charlestown and Beacon Hill.
Her first thought?: “I gotta start being nicer to my neighbors if that’s the kind of money they’re making.”
What’s a household?
Decades ago, when “Good Will Hunting” was filmed in the neighborhood and Southie was known as a working-class area, there were more kids around and maybe just a single breadwinner in some homes.
Since then, Southie saw more two-earner households, fewer kids, and spiffier rental units where three or four roommates could contribute to a “household.” The changes, along with spillover from the adjacent, pricier Seaport, or South Boston waterfront, are factors in Census data showing more than 40 percent of Southie households earn more than $200,000 a year.
Staying put
Foley, 46, a photo shoot producer, considers herself lucky. She didn’t move out to the South Shore like many neighborhood longtimers. She’s living in a family home on a block with residents — oldtimers and newer arrivals — who aren’t flipping properties for big bucks.
Another blessing, particularly valuable this winter? She has a driveway.
As a kid, she went to church and school at Gate of Heaven, St. Brigid, and St. Peter, and jokes that she’s “so sad I didn’t buy a three-decker with my First Communion money, because I probably could have.”
Waves of gentrification
She remembers the earlier waves of newcomers, when glassy sports bars like Stats Bar & Grille muscled in among longtime restaurants like Amrheins.
But now, even the popular Stats is moving out at the end of the month. The property owner is developing a five-story, mixed-use residential building at the site.
A small silver lining
Foley notes that some of the onetime “newcomers” have been here for three decades — and in some ways, have stabilized the place. Many have raised kids, who, like her son, may return to the neighborhood as young adults (albeit splitting a rented apartment with friends). Stats, the sports bar, says it will also return to the neighborhood’s thriving food scene.
“We have a lot of great restaurants now,” Foley says, “and everyone cleans up after their dog.”
Read: These maps show Boston’s wealthiest and most populous neighborhoods — plus other key trends.
🧩 6 Across: More scarce | 🌧️ 42° Another storm
Grand New Party: How do you build a statewide slate of Republicans in a Democratic state? Nearly half of the Mass. GOP candidates didn’t use to be Republicans.
Farewell advice: After nearly 15 years of health system leadership, the departing CEO of Beth Israel Lahey Health offers this advice to others.
Hitting the brakes? After an ambitious state law, Lexington welcomed a wave of new housing. Now, people there are having second thoughts.
Hyde Park fatal bus crash: The driver has been indicted.
Patriots, strippers, and hookahs: A downtown restaurant’s liquor license is in jeopardy after it allegedly hosted Patriots players and guests after their AFC Championship in January. A decision is expected today.
‘Culture of secrecy’: In a scathing report, R.I. authorities accused the Roman Catholic Diocese of Providence of decades of “inaction, concealment, and revictimization” in complaints of clergy sexual abuse of hundreds of children.
Centers of suffering, campaigning: Federal immigration facilities have become backdrops for Democratic politicians seeking to fight President Trump’s immigration policies.
‘The best time to remember God’: Amid crackdowns, the Somali community leans into faith during Ramadan.
When is a reno worth it? Here’s how to judge the return on a home investment.
🧸 ‘Ted’ talk: Seth MacFarlane and the “Ted” cast talk Massholes, potty-mouthed teddy bears, and why Boston may have “the worst accent”
🩰 A ‘Black Swan’ premiere: That’s among 30 sparkling arts events happening this spring around New England. Plus, why are more artists being banned from America?
🎥 Quiz: Test yourself with the Globe’s Academy Awards quiz.
⚽ Will $7.8 million stop the World Cup from coming here? Can Foxborough’s insistence on up-front security payments force the world’s soccer governing body to send matches somewhere else this summer?
♯ Teenage dreams: The future rock stars were teenagers when they wrote songs, influenced by David Bowie and Stevie Wonder, about a fictional nightclub. A half-century later, Squeeze has reworked and is releasing those songs.
💻 Death by chatbot? A new lawsuit alleges Google’s chatbot sent a man on missions to find an android body it could inhabit. When that failed, it set a suicide countdown clock for him. (WSJ)
🍕 And a red cup, please: Fans are tracking down the few Pizza Hut Classic red-roofed restaurants that remain in the 6,200-store chain. (NYT)
Thanks for reading Starting Point.
This newsletter was edited by Heather Ciras and produced by Ryan Orlecki.
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Boston Marathon
In our “Why I’m Running” series, Boston Marathon athletes share what’s inspiring them to make the 26.2-mile trek from Hopkinton to Boston. Looking for more race day content? Sign up for Boston.com’s pop-up Boston Marathon newsletter.
Name: Brianna Poehler
City/State: Granby, Mass.
I am running the 2026 Boston Marathon with Miles for Miracles in support of Boston Children’s Hospital. The Boston Marathon is deeply personal to me and my family.
My daughter is a liver transplant survivor, and at just 11 months old, she received a life-saving liver transplant at Boston Children’s Hospital.
What could have been the most devastating chapter of our lives became a story of hope, resilience, and extraordinary care because of the BCH team.
When our daughter was so small and so sick, the doctors, nurses, and staff at Boston Children’s carried us through the unimaginable.
They combined world-class medical expertise with compassion that went far beyond treatment plans and hospital rooms. They cared for our daughter as if she were their own. They supported us as anxious, exhausted parents. They gave us answers when we had questions, and reassurance when we were overwhelmed.
Most importantly, they gave our daughter a second chance at life.
Today, she is thriving because of that gift. Every milestone she reaches is a reminder of the miracle she received and the team that made it possible. Running the Boston Marathon is my way of honoring that gift and saying thank you in the most meaningful way I can.
The marathon is a test of endurance, determination, and heart — qualities I saw in my daughter during her fight and in the Boston Children’s team every single day.
With every mile I run, I will be thinking of her strength, her transplant journey, and the families who are walking similar paths right now.
By running with Miles for Miracles, I hope to raise funds that will support groundbreaking research, life-saving treatments, and compassionate care for children like my daughter. This race is more than 26.2 miles — it is a celebration of survival, gratitude, and hope.
Editor’s note: This entry may have been lightly edited for clarity or grammar.
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