Article 97 Land Use Prior Public Use Doctrine

SJC Rules White Stadium Site Is Not Article 97 Parkland, Clearing Path for Pro Soccer in Franklin Park

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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Article 97 Restrictions

When is a park constitutionally protected parkland? Mass. SJC re-examines test under Article 97

November 8, 2017 by Michelle O'Brien | Leave a Comment

In a decision of interest to municipalities, conservation groups, and land use experts, the Massachusetts Supreme Judicial Court (SJC) recently decided that a public playground in the City of Westfield is parkland protected by Article 97 of the Amendments of the Massachusetts Constitution.  Art. 97 provides, in part, that property “taken or acquired” for conservation […]

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