Article 97 Land Use Prior Public Use Doctrine
August 26, 2026 by Ryan Douglas | Leave a Comment
In its decision last week in Emerald Necklace Conservancy, Inc. v. City of Boston (pdf), the Massachusetts Supreme Judicial Court (SJC) held that the 14-acre site of White Stadium in Boston’s Franklin Park is not protected by Article 97 of the Massachusetts Constitution (pdf) and the City of Boston (City) therefore didn’t need a two-thirds […]
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