The Long Wharf Park Case: A Dispatch from the Court House

End of Long Wharf ( photo)

The protracted court battle over the fate of Long Wharf Park grew lengthier yesterday in a Suffolk Superior Court motion session before presiding justice, Linda Giles. Moving towards a sixth year of litigation in the case of Sanjoy Mahajan vs. Boston Redevelopment Authority, ten North End residents have challenged the Mass. DEP’s approval of BRA plans to install a late-night bar-restaurant in an existing shade pavilion within the waterside park.

In a hearing lasting three minutes, Judge Giles refused to proceed with the BRA’s and co-defendant DEP’s new motion to dismiss the North Enders’ appeal of a DEP hearing officer’s decision overturned by another superior court judge, Elizabeth Fahey. It was later reversed and remanded by the state Supreme Judicial Court in a ruling on the inapplicability of Article 97 of the Massachusetts constitution which otherwise protects parkland. The plaintiffs claim to have discovered previously undisclosed evidence which authoritatively proves that the entire parcel was designated as a protected park when federal funds were contributed for its initial development.

Sanjoy Mahajan appeared pro se as a spokesperson for the ten. Three times during Tuesday afternoon’s abbreviated hearing, Judge Giles admonished the BRA and DEP counsels for ‘judge shopping’– that is, attempting to avoid reconsideration by the original trial judge, Elizabeth Fahey who will resume her deliberations by summer’s end.

The case has been rescheduled for further review on September 12.

Thomas F. Schiavoni is one of the ten North End residents in the case of Sanjoy Mahajan vs. Boston Redevelopment Authority pending in Suffolk Superior Court.

5 Replies to “The Long Wharf Park Case: A Dispatch from the Court House

  1. Looking at the picture in the article, it appears that even with a restaurant in that ugly brick thing, there is still a ton of public space. Just don’t understand the issue with putting a reputable business there. Wish this group of ten could of protested that awful merry go round on the greenway instead.

    1. The restaurant/ night club would NOT be confined within the “ugly brick thing” but would spill out over the entire end of the wharf.

      And the same group worked to bring fiscal sense to the Greenway board when they commissioned the merry-go-round.

      And you?

    2. You prefer an un-reputable business? 🙂

      Long wharf is a great quiet place to hang out. So much of the waterfront is turning into a circus trying to cram bars, restaurants, boats, condos, activities everywhere. We have this one plaza where you can to to with NOTHING happening. you can sit and enjoy the quiet, watch the harbor and see the world go by. Yes, if you put yet another bar here, people will come, but it will be different people, and all sense of quiet and serenity will soon evaporate.Just look at the bar across from the marriott near the boat docks. A zoo every day of the week.

    3. That “ugly brick thing” is actually the head house to the underwater portion of the blue line.

  2. Thanks for keeping up the fight!!
    This site is special. Open space is a good thing.
    Do we really need another noisey spot for eating and drinking? Seems to me there are plenty on the waterfront and the Northend!

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