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 Prior Public Use Doctrine Public Use Restrictions

Mass. Appeals Court declares winner in longstanding land-use dispute between Northeastern University and Town of Nahant

October 7, 2024 by Michelle O'Brien | Leave a Comment

The Nahant Preservation Trust, the town of Nahant, and certain Nahant residents have suffered another loss in their years-long legal battle to stop Northeastern University from expanding its Marine Science Center, located on East Point in Nahant. The Massachusetts Appeals Court recently affirmed the dismissal of the legal actions, finding that the plaintiffs had no […]

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