Suffolk Superior Court judge Matthew Nestor today (April 2) ruled in favor of the city and the Boston Unity Soccer Partners (BUSP) in a lawsuit brought by neighbors and the Emerald Necklace Conservancy (ENC) in a decision noting that the stadium was not intended to be parkland and, therefore, not subject to state open space law, known formally as Article 97.

The ruling allows the project – a public-private partnership between the city and BUSP to extensively renovate the stadium to serve a women’s professional soccer and certain Boston Public School (BPS) school student-athletes – to go forward without hindrance. Demolition has already started on the project, and renovations and construction are expected to be complete in 2026.

Mayor Wu called the ruling “a historic victory” saying, “a renovated White Stadium will be open and used by BPS students, coaches, and community 15 hours per day, more than 345 days per year. We thank the Superior Court for twice affirming this vital project for our students and community as a year-round facility that will inspire the next generation of Boston students.”

She closed with, “Together, after so many years of broken promises, we will give our young people and all our residents the scale of investment and opportunity that Franklin Park and our City deserve.”

For their part, some of the plaintiffs said they respected the decision but disagreed with it.

Dr. Jean McGuire, who lives near the stadium and was one of the Defenders who testified in court, said the decision is something the community has grown used to.

“Our community is used to seeing laws meant to protect the public get trampled when the rich and powerful see an opportunity to make money,” said McGuire. “Despite this outcome, we still believe that our community deserves an alternative to an oversized, for-profit sports and entertainment complex in Franklin Park…

“Leasing a new and bigger White Stadium to wealthy private sports investors is not the right plan for our kids or for Franklin Park. This is our park; the public’s park. We pay for it with our taxes and have forever. Our kids should not have to ask permission to play in a public park.”

ENC President Karen Mauney-Brodek said she and her adherents saw the matter differently and are assessing further legal options, but in any case they will continue to advocate for Franklin Park and keep watch over the stadium.

“We’re deeply disappointed by the judge’s decision regarding the applicability of constitutional public land protections to Franklin Park and the land of the George Robert White public trust, and we plan to assess our legal options,” she said.

“This proposal for Franklin Park is the biggest change to public land in Boston and the Emerald Necklace in at least half a century. Proposals for public land with such an impact on the public require a true and fair public process, including consideration of alternatives and a robust review under the Massachusetts Environmental Protection Act. This park, and our communities, have been denied that right.”

Jennifer Epstein, the controlling manager of the Boston Legacy FC team that is partnering with the city of Boston to rebuild the stadium hailed the ruling in a statement.

"Boston Public Schools students and the communities around Franklin Park have long deserved the type of generational investment this project delivers," said Epstein. "We look forward to contributing to a beautiful, modern venue to be enjoyed by everyone in the city and to playing our games in front of the best sports fans in the world."

In his 18-page decision, Judge Nestor upheld the city and soccer team’s argument that the stadium was a “school building” and not part of Franklin Park.

“For the foregoing reasons,” he wrote, “judgment shall enter for the Defendants on all remaining counts. The Court hereby declares that the Stadium Parcel is not subject to Article 97, and therefore, the Defendants did not violate Article 97 and/or the Public Lands Preservation Act; the Plaintiffs are not entitled to equitable or injunctive relief; and the Project does not violate (state law).”

He had noted earlier in the decision that “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.”

The decision comes after a three-day bench trial (no jury) in Superior Court last month during which the plaintiffs, the ENC, and neighbors and interested parties known as the Franklin Park Defenders, gave testimony and answered questions before the judge, who at the end said he would decide in two weeks.

Plaintiffs in the case brought suit on several counts a year ago in Superior Court, along with an injunction to stop the demolition and planning process. They were denied the injunction in March 2024, and Nestor didn’t allow several counts related to George Robert White’s will to move forward before the trial started.

That left just the state open space laws, known as Article 97, to be reviewed by the court for applicability to the stadium plan.