A century-old will creating a charitable fund for the City of Boston that was used to purchase White Stadium appears on its face to invalidate the mayor’s plan to renovate it to house a pro soccer team, but her office says that’s not the case.
The George Robert White will, circa 1922, established a charitable fund by his name for the City of Boston, which stated that net income from that fund, which the city used to purchase a portion of Franklin Park in 1947 for the purpose of establishing a stadium on that land, is only to be used for certain purposes.
It states “no part of said income” shall be “mingled with other funds or applied in joint undertakings.” Therefore, a potential violation may exist, by way of a public-private partnership between the city and Boston Unity Soccer Partners, which are contributing $50 million apiece to renovate and rebuild the stadium for a professional women’s soccer team, a source familiar with the underlying trust and will told the Herald.
“The devil’s in the details,” the source said. “It has to basically depend on what exactly each party is doing, and is the trust involved at any level.”
“On its face,” the source added, “it appears to be a violation of the terms.”
The will, obtained by the Herald, states that the George Robert White fund bequeathed to the city can only be used for “creating works of public utility and beauty, for the use and enjoyment of the inhabitants of the City of Boston.”
It also states that purchased real estate not be sold for a period of at least 100 years or mortgaged, and that leases be subject to revaluation every 10 years.
“Basically, it’s whatever the wishes of (George) Robert White were at the time,” the source said. “I think he was more for just the benefit of the residents of the city of Boston, and however that could proceed.”
Constructing and reserving White Stadium for the benefit of Boston Public Schools student-athletes was more due to the interpretation of the fund’s Board of Trustees, which, per the will, are in charge of the control and management of said fund, and the disbursement of its income, the source said.
Not so fast, say officials from the Wu administration, who report being fully aware of the will and confident that they are in compliance with the referenced stipulations.
A similar argument was made in a lawsuit filed by the Emerald Necklace Conservancy and neighbors, who saw their request for a preliminary injunction shot down by a Suffolk Superior Court judge, administration officials pointed out.
The case is still active, and the group’s attorney has cautioned the city against proceeding with demolition while a “final decision” on the matter is pending.
The crux of the matter, officials say, is that while the fund was used to construct White Stadium, no money from the fund will be used for the renovation project. Therefore, no violation of mingling funds for a joint venture can exist, they said, because the city’s contribution for the project will come from its capital fund.
“The city’s position is very much that first, we’re not using income from the trust to do this,” an administration official said. “I think a correct interpretation is that, that is a requirement on George Robert White Fund properties, and we believe that the stadium will be enhanced as a work of public utility through this renovation — so that what we are proposing to do here is very much in the spirit of the will.”
The city officials pointed to a forward-looking provision in the will that speaks to the potential Boston has to replicate “several public blessings” afforded by other cities,” such as a zoological garden, aquarium and a “forum of substantial proportions for public gatherings.”
A renovated White Stadium, now dilapidated, would fit that bill, the officials contend, in that it will not only be used for soccer games, but for concerts and other public events. The stadium and track will also continue to be used by BPS student-athletes.
Wu administration officials further stated that the city is not selling or mortgaging the land, but rather leasing it to Boston Unity Soccer Partners — an all-female ownership team that includes Boston Globe CEO Linda Pizzuti Henry as one of its investors — for a 10-year period, as dictated by the will.
When making their case, Wu’s team cited affirmation in the Superior Court judge’s ruling in March, allowing the project to proceed, and a number of city approvals, most recently from the Parks Commission, which approved the stadium’s demolition. The lease agreement is expected to come before the School Committee for a vote on Wednesday.
Opponents of the project have maintained that it will do more harm than good to the neighborhood by exacerbating traffic and parking on game days, and remain skeptical BPS student-athletes will see increased usage, as promised.
“I totally understand why opponents of the project have looked for every scrap of language that they can to try to take it down,” a Wu official said. “But I think that the judge looked at all the evidence, read the will in its entirety, was presented with the project as described by the city, and said, I guess you guys don’t like the project, but there’s nothing about the will that prohibits it.”
