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| Long Wharf Park, at the seaward end of historic Long Wharf in Boston Harbor, is under threat. Since 2006, the [[http://bostonredevelopmentauthority.org|Boston Redevelopment Authority]] has been trying to lease the space to a private operator who will build a late-night restaurant and bar. Since 2008, the North End Ten have been fighting this change as unconstitutional: The Massachusetts Constitution requires a two-thirds vote of both houses of the legislature before public parkland can be converted to other uses. This vote, and the public debate it would require, has never happened. Now the case is before the Massachusetts Supreme Judicial Court. | [[attachment:DSCN1777.JPG|{{attachment:DSCN1777.JPG|looking northeast through end of shade pavilion (that would become a restaurant)|width=100}}]] [[attachment:DSCN1779.JPG|{{attachment:DSCN1779.JPG|view of harbor from shade pavilion (that would become a restaurant)|width=100}}]] [[attachment:DSCN1781.JPG|{{attachment:DSCN1781.JPG|looking southeast through shade pavilion (that would become a restaurant)|width=100}}]] [[attachment:july4crowds.jpg|{{attachment:july4crowds.jpg|crowds on July 4, 2012|width=100}}]] {{http://upload.wikimedia.org/wikipedia/commons/thumb/b/bc/Boston_Long_Wharf_2.JPG/640px-Boston_Long_Wharf_2.JPG|viewing plaza and shade pavilion (from Wikipedia)|width=115}} [[attachment:MS089.JPG|{{attachment:MS089.JPG|crowds on July 4th, 2012|width=100}}]] [[Photos|..photo gallery]] {{{#!html <a href="http://www.facebook.com/sharer.php?u=http://savelongwharfpark.org"><img src="https://static.shopify.com/s/files/1/0162/0632/t/3/assets/fb_share_btn.jpg" /></a> }}} |
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| On this site you will find legal documents and links to media articles. | '''Long Wharf Park, at the seaward end of historic Long Wharf in Boston Harbor, is under threat.''' Since 2006, the [[http://bostonredevelopmentauthority.org|Boston Redevelopment Authority (BRA)]] has been trying to lease the space to a private operator who will build a late-night restaurant and bar. Since 2008, the North End Ten have been fighting this change as unconstitutional: The [[http://protectmassenvironment.org/article_97.htm|Massachusetts Constitution]] requires a two-thirds vote of both houses of the legislature before public parkland can be converted to other uses. This vote, and the public debate it would require, has never happened. The [[attachment:LegalDocuments/bra-sjc-brief.pdf|BRA contends|&do=get]] that it is not needed. A [[attachment:LegalDocuments/superior-court-judgment.pdf|Superior Court judge disagreed|&do=get]]. The case, and the fate of Long Wharf Park, went on appeal before the [[http://www.ma-appellatecourts.org/search_number.php?dno=sjc-11134|Massachusetts Supreme Judicial Court (SJC)]]. Oral arguments were heard on November 5th, 2012. On March 15, 2013, the SJC ruled that, although urban-renewal land can be protected by Article 97, Long Wharf is not such a case. Thus, Article 97 does not protect Long Wharf. The case was then sent back to the Superior Court to decide the remaining part of the case: whether the license from the Department of Environmental Protection is valid. The first hearing, a status conference, was held on May 7, 2013. The next hearing, which will be the first main hearing, will be on June 18, 2013 (Court Room 306, Three Pemberton Square, Boston, MA). On this site you will find '''[[LegalDocuments|legal documents (including the oral argument)]]''', a '''[[Photos|photo gallery]]''', answers to '''[[FAQ|frequently asked questions]]''', and '''[[Press|links to media articles]]'''. Here is the [[http://hubmaps1.cityofboston.gov/egis/Map.aspx?PropertyID=0303004000|City of Boston's GIS map]]. == What you can do == Point your friends and family, including journalists (print, blog, television) to http://savelongwharfpark.org Thanks to generous contributions, we have raised the legal-defense fund! |
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| ''The legal proceedings have had three stages: an administrative appeal, a Superior Court lawsuit, and (pending) an appeal in the Massachusetts Supreme Judicial Court. The documents are extensive, and the most important are included at the following link.'' |
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| == Press == | == In the media == |
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| 1. [[http://electkevin.blogspot.com/2009/03/bra-running-roughshod-over-laws.html|BRA running roughshod over laws, citizens in North End]], ''Kevin McCrea for Mayor'', March 31, 2009. Comments on article in ''India New England'' about an Indian (plaintiff Sanjoy Mahajan) fighting for a long shot, to protect Long Wharf Park from becoming a late-night restaurant and bar. (Unfortunately, the ''India New England'' server is very often unresponsive.) |
The effort to save Long Wharf Park has been in the media frequently. See [[Press|these links]]. |
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| 1. [[http://northendwaterfront.com/2010/01/appeal-to-stop-docs-long-wharf-is-denied/|Appeal to Stop “Doc’s Long Wharf” is Denied]], ''NorthEndWaterfront.com'', January 17, 2010. Reports on decision by the Massachusetts Department of Environmental Protection to deny the administrative appeal by the North End Ten. |
== Frequently asked questions == |
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| 1. [[http://bostonherald.com/business/general/view/20100119state_oks_long_wharf_restaurant|State OKs Long Wharf restaurant]], ''Boston Herald'', January 19, 2010 (summary only; rest behind paywall). Also reports on decision by the Massachusetts Department of Environmental Protection to deny the administrative appeal by the North End Ten. 1. [[http://northendwaterfront.com/2010/09/local-residents-file-legal-challenge-to-proposed-long-wharf-restaurant/|Local Residents File Legal Challenge to Proposed Long Wharf Restaurant], ''NorthEndWaterfront.com'', September 1, 2010. Reports on the North End Ten's filing the lawsuit in Superior Court to declare the restaurant license invalid (with a beautiful photograph of Long Wharf Park). 1. [[http://northendwaterfront.com/2010/10/resident-group-wins-round-one-in-long-wharf-restaurant-case/|Resident Group Wins Round One in Long Wharf Restaurant Case]], ''NorthEndWaterfront.com'', October 21, 2010. Reports on decision by Superior Court judge to deny the state's and the BRA's motions to dismiss the lawsuit against the restaurant. In plainer English: The Massachusetts Department of Environmental Protection and the Boston Redevelopment Authority filed a motion saying that the lawsuit should be dismissed. The judge denied the motion, so the lawsuit continued. 1. [[http://www.universalhub.com/2011/will-end-long-wharf-be-restaurant|Will the end of Long Wharf be a restaurant?]], ''Universal Hub'', May 3, 2011. Reports on a hearing by the Boston licensing board to decide whether to revoke the proposed restaurant's liquor license (because it is not being used due to the lawsuit). 1. [[http://www.universalhub.com/2011/proposed-long-wharf-restaurant-gets-60-day-repriev|Proposed Long Wharf restaurant gets 60-day reprieve]], ''Universal Hub'', May 5, 2011. Reports on the decision by the Boston licensing board to give the proposed restaurant operator, Michael Conlon, 60 days to start using the liquor license. 1. [[http://www.universalhub.com/2011/judge-tosses-state-approval-restaurant-end-long-wh|Judge tosses state approval of restaurant at the end of Long Wharf]], ''Universal Hub'', June 13, 2011. Reports on decision by Superior Court judge to void the Chapter 91 license for the proposed late-night restaurant and bar. 1. [[http://www.universalhub.com/2011/long-wharf-restaurant-plan-sinks-operators-try-luc|Long Wharf restaurant plan sinks; operators to try luck in South Boston]], ''Universal Hub'', July 27, 2011. Reports on decision by restaurant operator to transfer liquor license to South Boston after the Chapter 91 license was thrown out by the Superior Court judge. 1. [[http://northendwaterfront.com/2012/06/long-wharf-park-just-a-footnote/|Long Wharf Park: Just a Footnote?]], ''NorthEndWaterfront.com'', June 13, 2012. Comment piece by one of the North End Ten plaintiffs describing the upcoming Supreme Judicial Court case (with a beautiful picture of Long Wharf Park). |
Here are [[FAQ|answers to frequently asked questions]]. |
Save Long Wharf Park!
Long Wharf Park, at the seaward end of historic Long Wharf in Boston Harbor, is under threat.
Since 2006, the Boston Redevelopment Authority (BRA) has been trying to lease the space to a private operator who will build a late-night restaurant and bar. Since 2008, the North End Ten have been fighting this change as unconstitutional: The Massachusetts Constitution requires a two-thirds vote of both houses of the legislature before public parkland can be converted to other uses. This vote, and the public debate it would require, has never happened. The BRA contends that it is not needed. A Superior Court judge disagreed.
The case, and the fate of Long Wharf Park, went on appeal before the Massachusetts Supreme Judicial Court (SJC). Oral arguments were heard on November 5th, 2012. On March 15, 2013, the SJC ruled that, although urban-renewal land can be protected by Article 97, Long Wharf is not such a case. Thus, Article 97 does not protect Long Wharf. The case was then sent back to the Superior Court to decide the remaining part of the case: whether the license from the Department of Environmental Protection is valid.
The first hearing, a status conference, was held on May 7, 2013. The next hearing, which will be the first main hearing, will be on June 18, 2013 (Court Room 306, Three Pemberton Square, Boston, MA).
On this site you will find legal documents (including the oral argument), a photo gallery, answers to frequently asked questions, and links to media articles. Here is the City of Boston's GIS map.
What you can do
Point your friends and family, including journalists (print, blog, television) to http://savelongwharfpark.org
Thanks to generous contributions, we have raised the legal-defense fund!
Legal history
The legal proceedings have had three stages: an administrative appeal, a Superior Court lawsuit, and (pending) an appeal in the Massachusetts Supreme Judicial Court. The documents are extensive, and the most important are included at the following link.
In the media
The effort to save Long Wharf Park has been in the media frequently. See these links.
Frequently asked questions
Here are answers to frequently asked questions.