The Massachusetts Supreme Judicial Court ruled Wednesday, Aug. 19, that a $325 million for-profit sports complex can move forward at Franklin Park's White Stadium site, rejecting arguments from the Emerald Necklace Conservancy, 38 neighborhood groups and more than 1,000 residents who said the land deserved constitutional parkland protections.
The Brookline GreenSpace Alliance was among the organizations backing the legal challenge. Cofounder Hugh Mattison filed an amicus brief supporting the Conservancy's case, according to the Conservancy's statement.
The unanimous decision ends a lawsuit first filed in February 2024 and hands Boston Mayor Michelle Wu a major victory. The project, a public-private partnership between the city and National Women's Soccer League team Boston Legacy FC, will transform the demolished 1940s-era school stadium into a 10,000-seat facility for professional soccer and Boston Public Schools athletics, WBUR reported.
Justice Gabrielle Wolohojian wrote that state legislation passed in 1947 and 1950 established "unequivocal intent" to remove the parcel from surrounding dedicated parkland, MassLive reported. The court found the land had been designated a "school building and yard," not parkland, meaning Article 97 protections requiring a two-thirds legislative vote to convert public recreation land do not apply.
The court also ruled the plaintiffs lacked standing, finding they have "no cognizable individual interest in the George Robert White Fund," the public charitable trust that received the parcel in 1947.
Why it matters in Brookline
Franklin Park anchors the eastern end of the Emerald Necklace, the Frederick Law Olmsted-designed park system running through both Boston and Brookline that comprises roughly half of Boston's public parkland across approximately 1,100 acres. The Conservancy, which has provided over $30 million in direct park improvements since 1997, works in partnership with both the City of Boston and the Town of Brookline.
The ruling sets a precedent. Opponents had argued that Article 97, established by Massachusetts voters in 1972, should protect the parcel because the land was originally taken by eminent domain in 1883 for use as a public park.
Conservancy President Karen Mauney-Brodek called for a "smaller but fully public project" as an alternative, saying it would be more affordable, would not displace the BPS football program and would be more sustainable long-term.
"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," Mauney-Brodek said.
Cost and construction
The city's share of construction is $135 million, nearly three times the initial cost projection when the project was announced. Boston Legacy FC is expected to pay approximately $190 million. The city attributed the cost increase to inflation, tariffs, rising materials and labor costs, and design changes made in response to community feedback.
Wu said Thursday, Aug. 20, that the project is "moving full steam ahead" with construction happening six days a week, according to the Boston Globe. She acknowledged the litigation "has been a distraction" but did not provide a completion timeline.
What's next
The City of Boston plans to host four community meetings this fall in Roxbury, Jamaica Plain, Mattapan and Dorchester to gather resident input on game-day transportation and parking restrictions. The city said dates and locations will be posted at boston.gov/whitestadium.
