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:
Boston, MA
Skip the chaos and crowds with unique holiday markets are worth the detour – The Boston Globe
The holiday season is in full swing: The puffer jackets have been broken out of storage, carols and festive pop classics play throughout every store, and the annual struggle of what gifts to get your loved ones (and that one office White Elephant) is back. If you are looking to skip the long lines (and stinky cheese) at more social media-famous markets, but still want some one-of-a-kind holiday shopping from small businesses, here are some smaller holiday markets to visit this winter.
A CLASSIC CHRISTMAS Reading Memorial High School’s Drama Club (and supporting organizations) will host a Dickens Holiday Marketplace and Craft Fair once again this holiday season. The market, which has run for over 20 years, hosts 55 New England-based vendors selling artisan goods, including wooden cutting boards and goods from Magnus Woodsmith, pottery from Nancy Littlehale, and more. There will also be hands-on crafting opportunities, including coloring and cookie decorating. The Saturday marketplace — including an on-site warm beverage sale — is also a fund-raiser for RMHS’s drama department, raising money to support production equipment, scholarships for graduating students, and other needs. RMHS drama club members dressed in Victorian costumes will roam the fair and perform short skits and sing carols. There will also be tap, jazz, and contemporary dance performances by local troupes in the school’s performing arts center.
Dickens Holiday Marketplace and Craft Fair. Reading Memorial High School, 62 Oakland Road, Reading. Dec. 13, 10 a.m. to 3 p.m. Entry is free. rmhsdrama.org
SUPPORTING WOMEN-OWNED BUSINESSES Boston Women’s Market hosts its holiday market at Night Shift Brewing in Everett on Saturday from noon to 5 p.m. New England-based, women-owned vendors will be selling gift-able goods, including handmade jewelry from ADK Jewelry, natural skincare products from Beauté Noir, and cat toys and playhouses from Cat in the Box. The market will also be host to a family holiday celebration, including free ornament painting and an ugly sweater contest. There will be giveaways throughout the market of Night Shift Brewing gift cards and merchandise. If you’re hungry, Daddy’s Bonetown Burgers has you covered, and specialty holiday cocktails, yet to be announced, make the perfect holiday treat.
Boston Women’s Holiday Market. Night Shift Brewing, 87 Santilli Highway, Everett. Dec. 13, noon to 5 p.m. Entry is free. bostonwomensmarket.com
CULTURAL COLLECTIVE In celebration of the season, the Cultural Survival Bazaar will hold a Winter Solstice Indigenous Art Holiday Market on Dec. 13 and Dec. 14 at The Boston Center for the Arts Cyclorama. The market will highlight Indigenous art and artists from around the world, including North and South America, Palestine, East Africa, and more. There will be over 50 vendors, such as Chinampa Temachtiani, which sells jewelry, clothing, and axolotl plushies, Hebron Glass, which sells blown glass goods, and Afri-Root Collective, which sells handmade African art from women artists. The market will also feature live musical performances from Lyla June, Yarina, and more. Looking for a new book to cozy up with this winter? Attendees can also participate in a book swap.
Winter Solstice Indigenous Art Holiday Market. Boston Center for the Arts, 539 Tremont St. Dec. 13 from 10 a.m. to 9 p.m., Dec. 14 from 10 a.m. to 6 p.m. Tickets are $10. Free for children under 18. bazaar.culturalsurvival.org/boston
SHOPPING SMALL Returning for its fourth year, Small Mart Market is hosting the second of two holiday vintage shopping events in Greater Boston. The holiday market will take place at the Crystal Ballroom with over 50 vendors, including vintage clothing resellers and upcycled fashion designers. Vendors include the market’s organizers, High Energy Vintage, a Somerville-based secondhand clothing and record shop, and Existential Thread, a Rhode Island-based vintage clothing store, as well as others, such as Jessamy Shay, who designs clothing by repurposing garments and fabrics. There will also be artisan goods and artists selling prints, posters, and pottery. The market will also feature a full bar, complete with festive beverages such as a cranberry Moscow Mule and Irish Coffee for purchase.
Small Mart Market Holiday Market, Crystal Ballroom at Somerville Theatre, 55 Davis Square, Somerville. Dec. 20, 11 a.m. to 4 p.m. Entry is free. smallmartmarket.com
FRIENDLY SHOPPING (AND COMPETITION) The Charles River Speedway and the Brighton Bazaar are partnering for the Bazaar’s 100th event, The Holiday Stroll, on Dec. 20 and 21. The Speedway hosts over 60 local vendors, featuring a variety of artisan goods, including metal art, kitchenware, and decor from Eli West, handmade pottery from Sugalski Ceramics, and more. At the upper courtyard of the Speedway, there will be a gingerbread house building competition on each day of the market. With a $5 buy-in, which can be purchased ahead of time or on site, the competition will last from noon to 3 p.m. Winners will be announced within the week after the market for prizes such as a $75 gift card to a Speedway vendor of their choice or two tickets to a show at The Roadrunner of the winner’s choice. For a less high-stakes activity, there will be card-making stations where attendees can craft personal holiday greetings for loved ones.
The Holiday Stroll. The Charles River Speedway, 525 Western Ave., Brighton. Dec. 20-21, 11 a.m. to 6 p.m. Entry is free. charlesriverspeedway.com
SECONDHAND STOCKING STUFFERS The Somerville Flea — usually known for holding court in Davis Square in summer and fall — hosts its annual holiday market on Dec. 21 for last-minute shoppers looking for one-of-a-kind secondhand goods. The extensive shopping event will feature around 40 vendors and their curated collections of vintage goods, such as clothes from Dandelion District, books from Hiding in Books, and home decor from Unpredictable Finds. A DJ will play holiday mixes to set the festive mood while you shop. Snacks and beverages will be available at Arts at the Armory’s ROOTED Café.
The Somerville Flea Holiday Markets. Arts at the Armory, 191 Highland Avenue, #1C, Somerville. Dec. 21, 10 a.m. to 4 p.m. Entry is free. thesomervilleflea.com
Isabella Bernstein can be reached at isabella.bernstein@globe.com.
The Boston Harborwalk, a 43-mile park and pedestrian pathway that stretches along the city’s coastline, will soon extend further north into Charlestown and beyond.
The city’s Planning Department this week approved putting the estimated $5.5 million project out for bids from contractors. The extension will connect to the existing Harborwalk and stretch along Terminal Street and the Little Mystic Channel.
“The new pathway will be beautifully landscaped and furnished with seating, shade shelters and exercise equipment,” said Planning Department Director of Real Estate Rebecca Tomasovic during the Boston Planning and Development Agency Board meeting on Thursday.
Tomasovic explained that currently, the land is unused and overgrown. Pedestrians in the area are limited to Terminal Street, which has no sidewalks and is used primarily as a truck route. The Harborwalk extension will allow safe pedestrian travel between Chelsea Street and the Charlestown Athletic Fields, she said.
Planning for the Boston Harborwalk began in the 1980s, according to its website. In addition to walkways, it includes green space, seating, informational signage, exhibit spaces, cafes and other amenities. When the Harborwalk is complete, it will stretch close to 50 miles between Chelsea Creek in East Boston and the Neponset River in Dorchester.
Beyond pedestrian safety and recreation, the Harborwalk is also part of the city’s planning for climate sustainability for the future.
A 2022 report from the Office of Climate Resilience recommended the Charlestown extension, as well as elevating the existing Harborwalk paths in the area, as the height protects against rising sea levels and flooding.
“The Harborwalk is both highly vulnerable to the impacts of sea-level rise and presents an opportunity to create a resilient coastal edge,” officials wrote in the report. “Redesigning the Harborwalk along the Little Mystic to incorporate coastal resilience infrastructures provides opportunities not only to reduce risks from flooding but also to enhance the benefits this amenity provides.”
In October, the city was awarded a $500,000 grant from MassTrails, a division of the state Department of Conservation and Recreation.
The city also expects to use over $1 million from the Massachusetts Gaming Commission in the form of mitigation funds from the nearby Encore Casino and $750,000 in private donations through the Mystic River Watershed Association.
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.
1. Bobby Portis Jr A+
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+
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.
3. Kevin Porter Jr. A+
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.
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.
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