Redevelopment of Boston's Long Wharf pavilion into a waterfront restaurant — seven years in the making — is a step closer thanks to a decision by Massachusetts' highest court.
Restaurateur Michael Conlon and the Boston Redevelopment Authority welcomed yesterday's Supreme Judicial Court ruling that the pavilion doesn't constitute a public park and its redevelopment doesn't require a two-thirds vote of the Legislature.
"We look forward to moving ahead with the BRA on this project, which we believe will benefit the city, the waterfront and the neighborhood," Conlon said in a statement.
In 2007, Conlon's Eat Drink Laugh Restaurant Group was the winning bidder for a 10-year lease of the pavilion, which is slated to be enclosed and expanded to make way for Doc's Long Wharf, a 220-seat casual, moderately priced eatery.
The next year, the state issued a Chapter 91 waterways license to the BRA for the redevelopment of the pavilion, which sits atop an MBTA ventilation shaft.
But a group of 10 North Enders appealed the license and eventually filed suit in Superior Court in 2010. They argued the state Department of Environmental Protection acted unconstitutionally and beyond its authority in issuing the license without legislative approval, which is needed when land taken for open space is used for other purposes.
The BRA argued that it took the land by eminent domain in 1970 as part of a waterfront urban renewal plan to eliminate blight and stimulate development.
A Superior Court judge sided with the North End residents, and the BRA waged an appeal.
"We are pleased with the SJC's decision," BRA director Peter Meade said in a statement. "It paves the way for yet another great destination on the edge of the Boston Harbor."
The SJC sent the case back to Superior Court to heed the North End residents' request for review of the Chapter 91 license.
"They will have to litigate the Chapter 91 legal claim and consider litigating alleged violations of federal law," said Gregor McGregor, the residents' attorney, referring to legal requirements tied to federal funding for Long Wharf improvements.
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