In an update to our legal efforts, Judge Kenneth W. Salinger of the Suffolk Superior Court recently ruled to allow the core claim of our ten taxpayer group to move forward, denying the hospital's motion to dismiss.

From Priyanka McCluskey's Globe article:

Children’s, the state’s dominant pediatric hospital, is seeking approval from state health officials to complete a $1 billion expansion of its Longwood Medical Area campus. The project calls for building over the Prouty Garden, a tranquil green space that many patients and families want to see preserved.

In its suit, representatives of a group called Friends of Prouty Garden alleges that the hospital illegally began work on the project, by starting demolition work on the Wolbach administrative building, before receiving state approval.

In a ruling dated June 22, Judge Kenneth W. Salinger allowed that claim to stand but dismissed other claims against the hospital.

He also dismissed the group’s claims against two construction companies involved with the project and against the state Department of Public Health, saying the hospital is the only real party of interest.

“It’s mostly good news for the Friends of Prouty Garden because the lawsuit against Children’s Hospital is intact and it goes forward,” Gregor McGregor, a lawyer for the plaintiffs, said Tuesday.