The state’s Supreme Judicial Court gave a major victory Wednesday to the city of Boston and Boston Legacy FC in the battle over whether White Stadium could be used as a home pitch for the NWSL team.
The court ruled in favor of the city and team’s ownership group in a case challenging the plan to renovate the stadium to host the soccer club’s home matches and serve as a hub for Boston Public Schools athletics.
Plaintiffs, including the Emerald Necklace Conservancy, had based much of their argument on a part of the state constitution — Article 97 — that deals with environmental protections. They argued that the stadium parcel fell under that purview and the city had failed to put it to a vote in the state Legislature before developing it.
But in their opinion, the SJC disagreed with that argument. They first found that the plaintiffs had no standing to challenge alleged violations of the George Robert White Fund.
The justices also found that, while the stadium parcel was originally purchased by the city for use as a public park, actions by the state Legislature in the mid-20th century dedicated that land to uses not subject to Article 97’s provisions.
“Taken together, these two pieces of legislation effectively removed the stadium parcel from its previous designation as parkland and made it a school department facility to be maintained by the school committee,” the decision reads. “Accordingly, by the time [Article 97] was ratified over twenty years later in 1972, the stadium parcel was no longer subject to its provisions.”
The team’s creation and plan to play at White Stadium were first announced in 2023. Boston Legacy FC was originally supposed to play at White Stadium starting with their inaugural season this year, but that got pushed back to next season.
Boston Legacy FC controlling owner Jennifer Epstein called the ruling a “tremendous victory.”
“The Court’s decision clears the way for completing the White Stadium renovation and delivering a world-class facility that will serve our community for generations, and sets a national standard for youth athletics and professional women’s soccer,” Epstein said in a statement. “Together with the City of Boston and our project partners, we look forward to welcoming students, neighbors, athletes, and fans to a revitalized White Stadium.”
Boston Mayor Michelle Wu similarly praised the decision.
“Today’s clear and unanimous decision from the state’s highest court confirms that Boston’s student-athletes, park lovers, and community will fully benefit from this landmark investment in our future, without further delay,” Wu said in a statement. “Renovations at White Stadium in Franklin Park are well underway to deliver a state-of-the-art facility that will be available in every season, open every day of the year, and create opportunities for unprecedented public benefit.”
Current total cost for the project is expected to be $325 million, with the city contributing $135 million of the total.
In a statement, Emerald Necklace Conservancy President Karen Mauney-Brodek said the group doesn’t think the current White Stadium plan is the right one for the park or the communities that surround it.
“We’re disappointed by this outcome, which means that a new professional for-profit sports stadium and entertainment complex in Franklin Park will not be subject to the high level of scrutiny, formal review of alternatives, and required approvals that our state’s constitutional public recreation land protection laws require,” she said.
