Marchese v. Boston Redevelopment AuthorityAnnotate this Case
The Supreme Judicial Court affirmed the judgment of the superior court challenging the legality of the Boston Redevelopment Authority's (BRA) actions executing a permanent taking of the "Yawkey Way" easement and subsequently selling the easement rights, holding that Plaintiff lacked standing to challenge the permanent taking of the Yawkey Way easement and the sale of the easement rights pursuant to Mass. Gen. Laws ch. 121B, 46(f).
After plans were made to try to improve Fenway Park and its surroundings, the BRA executed a permanent taking of an easement over a portion of Yawkey Way - a public way adjacent to Fenway Park. The BRA then sold the easement rights to the Boston Red Sox for as long as Major League Baseball games are played at Fenway Park. Plaintiff, a local attorney and business owner who had sought to acquire the Yawkey Way easement rights for himself, brought this action challenging the BRA's actions. The motion judge granted judgment for the BRA. The Supreme Judicial Court affirmed, holding that Plaintiff lacked standing to challenge the BRA's actions.