If you have lived in a city, you know that green space can be hard to come by. As it seeks to develop a women’s professional soccer stadium, the City of Boston may be realizing how precious these green spaces are to some of its residents.
Last month, the Emerald Necklace Conservancy Inc. and 15 individuals sued the City of Boston, the trustees of the George Robert White Fund, and Boston Unity Soccer Partners LCC.[1] The lawsuit was an attempt to halt the pending privatization and renovation of the George Robert White Memorial Stadium, which is set to house a women’s professional soccer team.[2]
White Stadium is located in Franklin Park. The park is held in the George Robert White Fund and is part of the Emerald Necklace Park system.[3] The Emerald Necklace Conservancy Inc. is a nonprofit aimed at protecting public parks in this system.[4]
Originally built in 1945, White Stadium needs substantial renovations.[5] The city and the team’s ownership plan to redevelop White Stadium plus three acres of the surrounding park.[6]
The complaint alleges that the project is the “unconstitutional privatization of public land.”[7] The Conservancy has said that the project, as it stands, would violate the White Fund Trust and Article 97 by converting public trust land to private use.[8] The Conservancy has noted that the project would “fundamentally” alter the nature of Franklin Park.[9]
The Conservancy also took issue with the speed at which the project is progressing. In an effort to slow the progress, the Conservancy filed for a temporary restraining order and preliminary injunction seeking to prevent the defendants from entering into any agreement transferring control of any portion of the project site to Boston Unity Soccer Partners and its affiliates.[10]
Boston’s Mayor, Michelle Wu, has maintained that the Conservancy’s legal claims are without merit.[11] She also stated that the project will benefit local communities, including the Boston Public School system.
It appears that while the parties are legally at odds, they are working towards a similar goal. The Conservancy is concerned with precious park areas being overtaken for commercial use, thus limiting enjoyment and use of the park. Yet, the City of Boston, the trustees of the George Robert White Fund, and Boston Unity Soccer Partners LCC want to maximize the park’s potential and use. They want to renovate the stadium and invest into the park so they can be enjoyed to their full potential. Both sides want the park to continue to serve and benefit Boston residents.
Despite this, residents have expressed concern about the continued urbanization of Boston’s localities, especially as it relates to more diverse neighborhoods. Seemingly, there is a fear that gentrified areas will benefit the developer to the detriment of the local. While this fear may be valid, the Boston Unity Soccer Partners LCC, which is a female-owned entity, does not seem malicious in its intent.
As mentioned, the Boston Unity Soccer Partners LCC wants to both expand women’s professional sports as well as increase sports opportunities for young athletes. In doing so, fixing up the park will also result in greater use by the public. Knowing that the future team’s ownership is female owned adds an interesting element to this dispute. Would this dispute be the same if it was a male soccer team? Or, perhaps another of Boston’s esteemed franchises seeking to expand?
The status of this case will continue to be monitored.
Image Credit: Boston Business Journal
[1] https://www.law360.com/sports-and-betting/articles/1805082?nl_pk=9ba2e64f-6b40-49a9-8029-c1a37ae85bfb&utm_source=newsletter&utm_medium=email&utm_campaign=sports-and-betting&utm_content=2024-02-22&read_main=1&nlsidx=0&nlaidx=3
[2] Id.
[3] Id.
[4] Id.
[5] Id; https://www.wcvb.com/article/major-renovation-plans-white-stadium-boston-franklin-park/46231233
[6] https://www.law360.com/sports-and-betting/articles/1805082?nl_pk=9ba2e64f-6b40-49a9-8029-c1a37ae85bfb&utm_source=newsletter&utm_medium=email&utm_campaign=sports-and-betting&utm_content=2024-02-22&read_main=1&nlsidx=0&nlaidx=3
[7] https://www.wcvb.com/article/major-renovation-plans-white-stadium-boston-franklin-park/46231233
[8] https://www.law360.com/sports-and-betting/articles/1805082?nl_pk=9ba2e64f-6b40-49a9-8029-c1a37ae85bfb&utm_source=newsletter&utm_medium=email&utm_campaign=sports-and-betting&utm_content=2024-02-22&read_main=1&nlsidx=0&nlaidx=3
[9] Id.
[10] Id.
[11] https://www.wbur.org/news/2024/02/22/emerald-necklace-conservancy-citizens-lawsuit-white-stadium
3L at the University at Buffalo School of Law
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