In a major victory for Mayor Michelle Wu, the state’s highest court ruled Wednesday in favor of the City of Boston and its private soccer team partners in the long-running legal battle over the redevelopment of White Stadium, clearing a major legal obstacle facing the controversial Franklin Park project.
In the 36-page decision, the Supreme Judicial Court upheld the city’s position in a case brought by the Emerald Necklace Conservancy (ENC) and a group of residents known as the Franklin Park Defenders, who had challenged the planned public-private redevelopment of the historic stadium.
The ruling leaves intact a Suffolk Superior Court decision issued in April 2025 that sided with the city and Boston Unity Soccer Partners (BUSP), the ownership group behind Boston Legacy FC, the city’s National Women’s Soccer League franchise. Superior Court Judge Matthew Nestor had concluded that the White Stadium parcel was not protected parkland for purposes of Article 97 of the Massachusetts Constitution.
Today’s ruling affirms Nestor’s decision.
“Finally, we conclude that the plaintiffs’ challenges to the proposed use of areas within Franklin Park,
but outside the stadium parcel, fail,” the justices wrote.
They also rejected a key premise of the legal challenge, writing: “We first conclude that the plaintiffs have no cognizable individual interest in the George Robert White Fund (White Fund, fund, or trust), and therefore do not have standing to challenge alleged violations of its provisions.”
The long-awaited SJC ruling has been pending since April when justices heard arguments from both sides in a Boston courtroom. The case is an appeal of an earlier decision from a Suffolk Superior Court judge, who ruled in favor of the City of Boston and Boston Unity Soccer Partners. The plaintiffs- led by the Emerald Necklace Conservancy (ENC) and a group of neighbors known as the Franklin Park Defenders – appealed that ruling.
The White Stadium project has been the subject of fierce opposition from some quarters, including some nearby residents who object to the potential impacts of game-day parking and traffic restrictions. Others object to what they have characterized as the misuse of a public park for private enterprise.
The Wu administration has steadfastly argued that the benefits of the agreement far outweigh any sacrifice of public use, citing in particular the upside of having a state-of-the-art athletic facility that will mainly be used by Boston Public School student-athletes for more than 300 days a year.
Mayor Wu said it was a decision that cleared the way for a big investment in the city and its young people.
“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,” she 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…This is a great victory for our City—and for all who believe that Boston can and should take big swings to get things done for our community.”
Sen. Liz Miranda (D-Roxbury), whose district includes Franklin Park, said Wednesday that “while the court has cleared the way for White Stadium to move forward… that cannot be the end of the conversation.”
“Our community has rightful concerns,” said Miranda in a statement to The Reporter. “We’ve seen what can happen, even on a smaller scale, at Carter Playground. It is still a public park, but many Roxbury residents don’t feel like that space is for them anymore. We cannot let that happen at White Stadium. There are still real questions about transportation, parking, access, and the impact on Franklin Park and surrounding neighborhoods. Those conversations need to continue.”
Karen Mauney-Brodek, president of the Emerald Necklace Conservancy that sued the city and franchise, said “We’re disappointed by this outcome,” adding: “There is still time to transition to a smaller but fully public project that would be better for Boston’s students, the public and local residents. Such a project would be much more affordable, would not displace previous users of the playing field like the BPS football program, would not negatively impact existing park users and neighbors, and from a maintenance perspective, would be significantly more sustainable long-term.”
A statement released by the Boston Legacy FC’s controlling owner Jennifer Epstein called the ruling “a tremendous victory for Boston Public School students, the Franklin Park community, and the future of professional women’s soccer in Boston. 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.”
District 7 Councillor Miniard Culpepper, whose district includes White Stadium, said his focus has not been on the legal fight, saying the White Stadium issues had become “too politicized.” Instead, he has been focusing on contracting job opportunities for the community.
“We’re doing pretty good with contracting and the last piece we hope to do much better,” he told The Reporter in an interview. “My vote has really been on making sure Black and Brown contractors get their fair share and we’ll continue to push on that…The first goal for me was to get as much as we can and the make the owners (Boston Unity Soccer Partners) live up to the 50 percent goal…The question for me is how do we drive more dollars to Boston’s most vulnerable communities and close the racial wealth gap.”
He also noted that effort has resulted in the Procurement Readiness Pilot Program with the city and Suffolk University to make sure Black and Brown contractors are prepared to scale up to compete for large contracts like this in the future.
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