Judge rules for city, says White Stadium renovation does not violate state law

Demolition of White Stadium in Franklin Park can continue, a judge ruled Wednesday afternoon, delivering Boston Mayor Michelle Wu a legal and political victory as she heads into her reelection campaign.

Suffolk Superior Court Judge Matthew Nestor said the $200 million public-private project did not violate Article 97, a state law that protects public parkland from redevelopment unless it gets a two-thirds vote in the state Legislature.

"Notwithstanding the testimony from nearby residents, there is simply inadequate
evidence that the everyday use of the property evinces an unequivocal intent to dedicate the property as public parkland," Nestor wrote in his decision. "I conclude, therefore, that the Stadium Parcel is not protected by Article 97."

Wu has invested a lot of political capital into the proposal, which will transform the stadium into a state-of-the-art facility for Boston student athletes and a professional women's soccer club. The city has pledged to cover at least $91 million in construction costs as part of their deal with the team. But controversy dominated the conversation since it was announced, fueled by concerns over the mounting cost, logistics and the privatization of a public space.

The lawsuit from the nonprofit Emerald Necklace Conservancy alleged the city violated state law by failing to obtain legislative approval under Article 97.

The city’s lawyers argued that Article 97 does not apply to the stadium, because it's legally classified as a schoolyard, not protected parkland. They also said the land is not being transferred to the National Women’s Soccer League team; the club has signed a 10-year lease to use the facility.

But the city had categorized the stadium as an Article 97 property in Boston's its Open Space and Recreation Plan for decades, according to the conservancy’s lawyers.

City attorney Alan Lipkind acknowledged that the paperwork had indeed been filed, but it was done so erroneously.

“Evidence will show you that that is a result of a mistake that was made by a park department employee,” he said. “He says that when he made those statements in the open space plan he had not reviewed, nor had he considered any of the evidence, that I'm describing to you.”

The conservancy had also said that the deal breaches the George Robert White Fund, the will that established the stadium in the fifties, because it privatizes the facility.

Nestor ruled that the conservancy did not have standing to challenge the city's interpretation of the will. He reaffirmed that stance after opening statements Tuesday.

“The case before me isn’t to decide if this is a good or bad project. What is before me is whether this land is protected by Article 97,” Nestor said.

Both sides agreed that the stadium needs significant repairs and investment. The city wrote that the stadium fails to meet modern building codes and accessibility standards.

Another Superior Court judge has already ruled against the conservancy, allowing the city to begin demolition in January.

Judge Sarah Ellis denied the group’s motion to pause work, rejecting their argument that the project would limit student access.

The debate over the stadium and its costs have intensified the political battle between Wu and challenger Josh Kraft – becoming a key point in the mayoral run. Wu defended the project at her State of the City address.

“Four years ago, BPS student athletes were left with a sports facility that was rarely open and had been crumbling for four decades," she said. "Today, we are renovating White Stadium into a world-class athletics hub.”

With the lawsuit dismissed, the city is moving forward with construction. Demolition is already underway, and officials say the stadium’s renovation can be used in time for the National Women’s Soccer League season in March 2026.

“I will never stop fighting for what our city kids deserve,” Wu said.