Judge Denies 2 Injunctions Against Brookline On Baldwin Site

BROOKLINE, MA — A Norfolk Superior Court Justice has ruled in favor of the town on two pieces of litigation concerning the Baldwin school. Earlier this month Judge Diane Freniere denied two emergency injunctions filed against the town in an effort by a number of Baldwin area neighbors, including a woman who lists herself as property manager for the Kraft family, to stop funds from being spent in the development of a ninth elementary school there.

"It is my hope that the decisions send a signal to the neighbors that it would be more productive to work with the Town to address their concerns," said Select Board Chairperson Neil Wishinsky in a message to Patch.

School Committee Chairperson David Pollack said simply, "It's good news."

Proponents of the Baldwin School site say the quick decisions by the court cut any notion that the project could be stuck in court for years. And others say the litigation seems more of a scare tactic by opponents.

Kate Chuprevich et al vs. Town of Brookline

On April 5, Superior Court Justice denied a motion to stop the town from pursuing the building of a ninth elementary school at the Baldwin site, siting concern that because it was built next to a playground it might restrict access to that playground in violation of protected a recreational space under state law Article 97 and by the Land and Water Conservation Act.

"The Town of Brookline is presently considering four different options for the construction of a new elementary school on a property adjacent to Baldwin Park, a property which has certain protections under federal law," read the order written by Diane Freniere.

Depending on the town's choice, the judge's order said, it could trigger National Park Service approval, but at least one of the options wouldn't require any federal or legislative approval.

"We cannot assume that the Town will select an option that implicates the Baldwin Park property, nor can we assume that if it does that the Town will then proceed unlawfully without the requisite federal and other approvals," the order said and denied the injunction request.

Neighbors of Baldwin vs Town of Brookline

Neighbors also brought a suit against the town saying the town's parking plan at Baldwin was in violation of the town's own parking regulations and therefore illegal and asked the judge for an injunction to stop the parking plan.

The Baldwin School Building Committee recommended and after a hearing in January with neighborhood input, the school committee voted to allow 25 parking spaces under the building and 53 permits for on street parking, rather than the more expensive option they looked into of 33 parking spaces. In March, the group of neighbors filed an emergency injunction that the town stop approving anything to do with parking at the Baldwin School location and to stop spending money on the school at all, until state and federal approvals were in hand.

The group challenged the authority of the Brookline Transportation Board to issue on-street parking permits to teachers at an expanded Baldwin School.

In rejecting the plaintiffs’ motion for an injunction, Frenier ruled that the plaintiffs improperly interpreted the Town regulations and that, therefore, the plaintiffs cannot establish that they are likely to succeed on the merits of its argument going forward.

And then she added an injunction wouldn't be in the public's interest:

"[T]he plaintiffs have not shown that the implementation of the parking plan will have such a detrimental impact on the public's ability to park on the street that it outweighs the public need to accommodate the education requirements of Brookline’ growing school population.... Furthermore, to allow the preliminary injunction could have the effect of inhibiting the continued design and development of the Baldwin School. Given the growth in student enrollment necessitating the need for expansion in the Brookline public school system, such a result would certainly not serve the public interest."

"I believe that the plaintiffs’ unsuccessful arguments in both cases were frivolous and that the Town should direct its attorneys to seek an award of attorneys’ fees," said Scott Gladstone, a Precinct 16 Town Meeting member who also happens to be a business litigation attorney, in an email to Patch.

Ninth elementary school conflict

For years, Brookline has been working to find and select a location to build a ninth K-8 school in town to address enrollment increases in schools. Many times the School Committee have noted that the town might soon also need a tenth school and also began to work on increasing capacity at the high school.

The need for a school has been largely supported and the town voted to fund the process through tax increases. But the process has been a contentious one, with nearly every site proposal meeting resistance from residents, usually nearby.

When both the School Committee and the Select Boards voted to move ahead with a project that would build on the former site of the old Baldwin school, Town Meeting voted to fund it.

But not everyone has been happy about that.

A group filed litigation accusing the town of violating Open Meeting Law and not doing enough due diligence "before wasting Town money on impossible plans," according to a 51-page complaint with some 20 exhibits filed in Norfolk Superior court last year.

The group called themselves "Taxpayers Concerned for Baldwin," included Kate Chuprevich, who listed her address as a home owned by Jonathan and Patricia Kraft, Frances Gershwin, Lisa Goldin, Sherry Leventhal, Dale Adler, Stacey McCarthy, Donna Robinson, Jon Rotenberg, Elinor Ross, Debra Teperman, and Jeffrey Wolk.

Through their attorneys Stephen Wald and Robert Callahan they asked for an injunction on all spending related to the Baldwin site, and that any moves taken related to a ninth school at Baldwin since last June be voided. Read the full 2018.11.26 Baldwin Complaint

Brookline Town Council Joslin Murphy told Patch at the time that many of the complaint's concerns have been raised and rejected in the past.

About a dozen people opposed to the ninth school at Baldwin showed up at the Transportation Board meeting Monday to share their concern about traffic problems that could pop up with the proposed Heath School.

The town has said that by dialing their plans for Baldwin, back to a smaller school that only serves about 450 students, the number of cars and buses that would come to the school is reduced 33 percent, but the plan was to update that 2017 study. See the most recent town presentation on mitigation measures.

Next major dates associated with the ninth school project:

• May 2019: Town Meeting Vote
• Spring 2020: Technical Drawings Complete
• Summer 2020: Demolition/Construction Commences
• Summer 2022: Complete Faculty and Staff Occupancy
• Fall 2022: Complete Student Occupancy

Previously on Patch:

• Residents File Lawsuit Against Brookline Over School Site (Nov. 2018)
• Brookline's Driscoll, Baldwin School Projects Move Forward (Dec. 2018)
• Brookline Woman Files Civil Rights Complaint Against Schools (Dec. 2018)
• Opinion - The Argument Against Baldwin (Nov. 2018)
• Baldwin School Opinion: Ten Pounds in Five-Pound Schools (Dec. 2018)

Patch reporter Jenna Fisher can be reached at Jenna.Fisher@patch.com or by calling 617-942-0474. Follow her on Twitter and Instagram (@ReporterJenna).