Boston, MA
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.
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:
SHREWSBURY – For Agawam boys volleyball star setter David Dzhenzherukha, the joy of a Div. 2 state title in 2023 was a bit overshadowed by the feeling he didn’t carry his weight as much as former superstar Dan Yovenko, who dominated in every big moment that season.
Twice in three years strikes a different tune, though, especially against the program that reverse-swept the Brownies in last year’s state semifinals.
In a well-balanced showing paced by Dzhenzherukha’s 46 assists and four kills, as well as a phenomenal defensive performance to dominate the third and fourth sets, top-seeded Agawam (24-1) defeated No. 3 Wayland in the Div. 2 state final, 3-1 (25-22, 23-25, 25-13, 25-16) at Shrewsbury High School.
“In 2023, we won a state championship, but I feel like I didn’t win a state championship – Dan (Yovenko) won a state championship,” Dzhenzherukha said. “That’s been my fuel to win another one. Last year, in the semifinals against Wayland, we got reverse swept. That just added to the motivation to play the best we could for this season. … This is the (thing) I’ve (wanted most) I think ever. This is the best feeling I think I’ve ever had.”
Yovenko erupted for 22 kills to finally take down Westfield in the last state title. Depth was at the heart of this one.
The Warriors (16-9) struggled to effectively block Agawam’s attack, primarily because Dzhenzherukha used all of his weapons in different critical moments.
In the third set, junior Tim Karcha – who didn’t commit an error en route to 16 kills – touched down six in a major momentum shift. Senior Joe Culhane (15 kills) caught fire for eight in the fourth set to seal the match, all while right-side Dennis Nesen (nine kills) found his moments to strike, and middles Chase Gerani (seven kills, two blocks) and John Cote (three kills, two blocks) made a lasting mark on offense and defense.
“This one hit really different because we didn’t have a Dan Yovenko to lean on … this was a team win,” said Agawam head coach Kevin Pender. “Our team is so balanced, that we can find any guy. (Dzhenzherukha) is incredible, he’s able to run the offense. He’s Tom Brady-level.”
“I think we have the most well-rounded team in the whole state,” Dzhenzherukha added. “Most teams have that one guy that just shines. … You have to try to stop all of us.”
Wayland was in great shape in the first two sets, playing strong defensively while star junior Finn Bell (25 kills) caught fire early. Bell’s seven kills and three aces in the first set couldn’t edge out a win in a 25-22 loss, but he and Cooper Szeremeta (eight kills) teamed up to lead the attack in a 25-23 win to even up the match.
But a vicious rally to nearly force extra points lit a spark for the Brownies, which they rolled into a 7-1 start to the third set.
“It helped energize that we’re still in this, we can do it,” Pender said.
Karcha dominated in pockets as Agawam built a 21-9 lead, complemented by kills from Culhane, Nesen and Gerani. Culhane did the same with five kills in a 6-1 run to separate from a 6-6 tie to start the fourth.
The team’s defense perhaps made the biggest impact, though, as Agawam’s blocking gave Bell and Wayland’s fellow hitters fits. And when it didn’t, the back row extended rallies with signature digs.
“That was the winner – I think we kept balls alive, we put pressure on them to score, and we didn’t make it easy,” Pender said. “We were able to turn on a defensive skill set that we really didn’t have to most of the year. … The true story is the display of defense.”
Zach O’Donnell had 35 assists for Wayland, which was making its second straight state finals appearance after making just one trip in program history prior.
“When I’m able to zoom out, I’m really proud of the trajectory of the program and the growth of the players in it,” said Wayland head coach Phil George. “It’s a deep team, we’ll be very excited about next season, but I’m also really proud of the seniors, who kind of ushered in the most successful era we’ve had in this program’s history.”
The Greater Boston area is officially a year away from hosting hundreds of thousands of visitors from around the globe for the FIFA World Cup 2026 .
“It’s going to be amazing, this place is going to go nuts!” Gov. Maura Healey said Wednesday.
Fans living and visiting Boston said they can’t wait for what co-hosts U.S., Mexico and Canada have in store for the biggest event in soccer.
“I saw a couple games from Chicago [when the U.S. last hosted in 1994], so I’ll be happy to hopefully catch some more games this year or next year,” Jason Herbeck said.
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“Obviously, like, being a soccer fan, it’s going to be exciting to see the games,” said Herbeck’s daughter, Sido.
No matter who fans are backing next summer, organizers say there will be room in Boston for all.
“We’re super excited about the prospect of hosting teams from across the globe here, especially those that might have more cultural fit to our incredibly diverse community here in Boston,” said Meet Boston President and CEO Martha Sheridan.
We are officially a year away from the kickoff of one of the biggest sporting events ever to come to the Boston area.
While Boston will get the people, Foxborough will get the matches: seven of them, including one each in the round of 32 and quarterfinals. Team draws and brackets will be announced in December.
There are “450,000 tickets available for the stadium and then millions of opportunities to experiences,” FIFA World Cup Boston 2026 CEO Mike Loynd noted.
But more planning is still needed to get a fan festival ready and the transportation and security logistics figured out, some of which requires help from state officials like Healey, who said she has been working with organizers at Boston 2026 and Meet Boston.
Healey expects the state will see about $1 billion in revenue from the event, when roughly a million people are expected to visit the metropolitan area.
The first match Boston will host is on June 13, 2026. Soon, FIFA will be recruiting about 3,000 volunteers to help with the event in Boston alone.
The FIFA World Cup 2026 will air on Telemundo.
Gillette Stadium in Foxborough, Massachusetts, is set to play host for seven World Cup matches in 2026 – though it will do it under the name “Boston Stadium.”
Guerschon Yabusele not only had a successful NBA comeback, but now, he should be an interesting free agent this summer. Yabusele bet on himself last year coming off the Paris Olympics, taking a minimum contract with the 76ers.
Due to buyout rules, Yabusele wasn’t necessarily making as much monetarily in his NBA comeback attempt. Now, Yabusele is again a free agent this summer after an impressive season in Philadelphia. But instead of wondering which NBA team will sign him, he should be in line for a payday after showing what he can contribute stateside.
Speaking with HoopsHype, Yabusele broke down the free agency process and how he expects to stay in the NBA. Plus, the former Celtics first-round pick explained why he partially credits his Boston tenure for his NBA comeback.
“Even though I was not with Boston anymore, I learned so much from that season,” Yabusele said. “And it helped me for the second part of my career after that. It really pushed me. It really, like, I had that mentality of loving that basketball. Because I know I love basketball. But if you’re in a situation that you don’t play, it’s hard. I missed it. And I was like, you know what? I want to play now. I want to be somewhere where I always play, so I always try to pick the right situation now for me.”
Yabusele was picked 16th overall in the 2016 draft by the Celtics before spending two seasons in Boston from 2017-19. After he was waived by the organization, Yabusele ended up in China to continue his pro career. He said it didn’t go well, forcing him to spend roughly 1.5 months without a team. Yabusele revealed that was a wake-up call as he hoped and wished for his next opportunity.
“Going through that process and just waiting like that, I was like, no, this is — it’s impossible,” Yabusele said. “This is not what I want. A couple years ago, I was drafted first-round, pick 16. How am I in this situation? I put myself into the situation to really tell me the truth about what was not right, what would I do wrong and stuff like that. I questioned myself a lot, then I went and started working out. I was like, get that mindset that, okay, I’m gonna prove everybody wrong.”
Yabusele then got his next chance with ASVEL in his native France. He played five games with them before getting re-signed. That break allowed him to sign with Real Madrid, which is where he spent three seasons, including winning a EuroLeague title. After Yabusele starred for France on their way to the silver medal at the Paris Olympics, the attention was back on him.
Yabusele is looking for his next team once again. But this time, he should have a lot more confidence he’ll land with a new squad. The Sixers have been vocal about wanting to bring him back to the organization. Other teams could also come calling. Yabusele averaged 11.0 points, 5.6 rebounds and 2.1 assists in 70 games last season. He also shot 38.0% on his 3-pointers as the 6-foot-8 forward fits well into the NBA game.
“I really, really want to stay in the NBA, now that I have a real reason over there I want to do some more,” Yabusele said. “Watching the playoffs, you watch those guys having fun, you always look, I want to be there. My competitor side is really pushing me to work hard this summer, try to get everything that I can to come back next season and crush it even more.”
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