Stigmatines Must Move by June 30 for Waltham High School: Judge

By Jenna Fisher,
Patch
June 20, 2019

https://patch.com/massachusetts/waltham/stigmatines-must-move-june-30-waltham-high-school-court

A Middlesex Superior Court judge ruling comes after nearly a year of an eminent domain battle between the city and the Stigmatines.

A Middlesex Superior Court judge ruled that the handful of priests who live on the Stigmatine property must leave by June 30. The court ruling enables the district to move forward with plans to build a new high school there, after years of back and forth about where to build in light of increased enrollment. It also comes after a months-long eminent domain battle with the Trustees of the Stigmatine Fathers religious order.

"The Trustees shall be required to vacate the Property as set forth in the City's notice to vacate letter dated May 1, 2019, which sets the final date to fully vacate the Property as no later than June 30," wrote Justice of the Supreme Court Valerie Yarashus in a court ruling late last month.

The city voted to take the 43 acre property by eminent domain last summer and, after being asked by a judge, paid the Trustees of the Stigmatine Fathers, the small religious order which had owned the property for about a century, $18 million for it. But instead of leaving, the Stigmatines wrote a cease and desist letter, claiming the city did not follow proper procedure.

They also refused to let city surveyors and other workers on the property.

"No one is doubting or discounting the need for a new high school in Waltham," read a statement the Stigmatines posted to their website. "We just don't believe the City should be able to end our existence here in Waltham because it covets our land for its own use. Nor do we believe any Citizen of Waltham should ever be treated the way Stigmatines have been treated by the City throughout this process."

They implored residents to find a way not to take the land, calling the mayor's efforts to acquire the property coercive and relentless.

Municipalities can buy private property at fair value through eminent domain if they can prove they've looked everywhere else and there's public interest in taking the land, such as building a new school. The process requires the city to not only pay a price that is deemed fair, but help relocate the occupant. The property was valued at $22.7 million, according to the assessor data. In May, the city worked with a relocator and came up with several options for the Stigmatines, none of which the order deemed suitable.

In September, a court ruled the Stigmatines had to allow the city on the property for the next four months. It ordered the court to pay the $18 million for the property and told the city to be respectful when visiting the property. When November rolled around, the city started sending communications to the Stigmatines about leaving the property, at least once a month through March. Then, on May 1, Waltham gave a final notice to the Stigmatines and ordered them out by the end of June.

The court agreed.

She said the Stigmatines argument that they couldn't move anywhere until a suitable new spot was found could be revisited elsewhere.

"In light of the long procedural history of this eminent domain acquisition, the Trustees have and far longer to vacate than the four months required by statute," wrote Yarashus.

City Councilor Diane LeBlanc said although she has had no contact with the Stigmatines herself, she's heard from residents who worship there that they are moving forward to shut down operations and have filed an appeal.

Moving forward

Former Superintendent Drew Echelson said his big takeaway is that as a result of this process, the district now has an obligation to move the project forward.

"And move it forward quickly. That's the sense that I get from her ruling," he said.

The judge indicated that the city has shown good faith in terms of the negotiations with the Stigmatines, and that we've been honest and forthcoming with the purpose of the space for the school.

City of Waltham Vs. The Trustees of the Stigmatine Fathers

"I'm encouraged by the judge's rulings thus far, and I know that there will probably be a few more hurdles for us to move forward, but I feel like we're really well positioned," said Echelson.

The committee has a couple more meetings coming up before it submits a more detailed description of the plan and scope and budget for the new $380 million (the MSBA grant is for $130 million) Waltham High School in early July.

"Obviously we're working to reduce that, after feedback from the community," said Echelson.

It then heads to Waltham City Council and the mayor for discussion.

"This is an exciting opportunity," said Echelson." The new opportunities that will be provided to students as a result of this building, I think, are really going to be on par with the opportunities available to students in some of the stronger systems in the Commonwealth."

More background

For years, the superintendent's office has been beating the drum about a need for an upgrade to the high school in order to accommodate increased enrollment and deteriorating building conditions.

The current high school building is 449,700 square feet and was built in 1968, with additions made in 1998 and 2002. The current state of the high school falls below standards, and raises the prospect that the city could lose accreditation of its high school over the next few years, unless significant progress is made on the building.

After back and forth between the school district and the city council about a site, the MSBA, which helps pay for school building projects, imposed a timeline for the city if it wanted to get money from the state to help pay for any of it.

The City Council and the School Committee voted to go with the School Department's preferred location at the Stigmatine property, in large part because of the size of the property - it's 43 acres. The city-owned Fernald property was a strong contender but fell out as an option once environmental issues became clear.

When it became clear that the religious order that owned the property was not interested in selling it to the city, a number of city council members had at first voted against taking the property. With a deadline looming last year the city council voted to take the site by eminent domain.

In February, the Massachusetts School Building Authority gave the green light to Waltham to begin the Schematic Design phase of the $381 million high school building project across the street at the Stigmatine property. Then, in April the school began to survey the property, after going to court to get a judge to allow it.