March 18, 2025
Defendant’s attorney Gary Ronan spoke for the city and the soccer team on Tuesday as the city’s outside attorney, Sammy Nabulsi, looked on. Seth Daniel photos
The first day of what is expected to be multi-day trial over a suit brought last year by opponents of a city project to renovate and partially lease out Franklin Park’s 14-acre White Stadium to a women’s professional soccer club unfolded on Tuesday with attorneys from the various parties making their opening statements in a packed Suffolk Superior courtroom.
The plaintiffs in the civil case trial include a group of residents known as the Franklin Park Defenders and leaders of the Emerald Necklace Conservancy (EMC) who are challenging the right of the City of Boston, the George Robert White Trust Fund, and the soccer team’s ownership, Boston Unity Sports Partners, to make such a deal.
On Monday, Judge Matthew Nestor had ruled that the plaintiffs had “no standing” to contest the will of the White Trust in their bid to block the stadium project from proceeding. They had argued that the terms of the will should prohibit the city from partnering with a for-profit venture.
“The White Fund was established for the benefit of the general public, and the plaintiffs do not have individual interests in the White Fund distinct from that of the general public,” Nestor wrote.
His decision meant the case will now focus solely on the question of whether state law, specifically Article 97, which says that property acquired for conservation purposes can’t be used for other purposes without a two-thirds vote of both branches of the Legislature, applies to the defendants’ proposal, and whether building the stadium on the site in 1949 marked a change of use for the entire park.
Outside the courtroom, supporters rallied with signs promoting the project and its future use by Boston Public School students, who will have primary access to the facility when it’s not being used by the soccer club. Inside, members of the Franklin Park Defenders sat in the courtroom wearing orange T-shirts that read, “Keep Franklin Park Public.”
In his opening statement, Alan Lipkin, speaking for the plaintiffs, went through the history of Franklin Park and the stadium and presented their contention that the stadium parcel, like the rest of the Park, should be subject to Article 97.
Plaintiffs attorney Alan Lipkin made the case for the in court on Tuesday – focusing on state law regarding open space protections. Seth Daniel photo
“The city in its open space reports going back decades…they have consistently cataloged over decades this part as protected by Article 97,” he said. “It does qualify as protected by Article 97. It doesn’t have to be a traditional green park with a pond and a duck in it. It can be a park like White Stadium.”
He showed city documents and drawings from years past that include the stadium and its grounds within the park’s footprint.
But attorney Gary Ronan, speaking on behalf of the city of Boston, said those documents were the result of erroneous assumptions.
“It is true there are a number of open space plans where White Stadium is included,” he said, but “the evidence will show you this is the mistake…made by a Parks employee.”
Ronan said Aldo Ghirin, who retired in 2023 after 33 years in the Parks Department, was not aware of evidence from the 1940s and 1950s when he drew those maps. He added that the former employee “no longer holds that view and is not sure Article 97 applies to this land now,” a statement that caused opponents in the audience to jeer before they were called to order by the judge.
Opponents have also argued that a rebuilt stadium should require a change of use, triggering Article 97 coverage for the rest of Franklin Park. Lipkin pointed to opening new roadways for deliveries, bringing in thousands of fans, and allowing the possession and consumption of alcohol within the parcel as impacts deserving consideration.
Ronan disputed that argument, too, saying the stadium was never intended to be a place of solitude, that it always attracted fans to loud sporting events.
The first witnesses called in the morning session were two of the plaintiffs, Jamaica Plain’s Renee Stacy Welch and Dorchester’s Louis Elisa. Both testified about how they have used the stadium and its grounds and said they did not consider it as separate from the rest of Franklin Park.
Nestor warned all parties that the case was very narrowly focused. “A lot of these issues discussed are not before me,” he warned. “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.”
The case is expected to continue through the end of the week. It is not a jury trial, so the judge will make the ruling.
Emerald Necklace Conservancy President Karen Mauney-Brodek, right, observed court proceedings on Tuesday morning. Seth Daniel photo
