Waltham High School Project: Stigmatines, City Agree To Mediation

WALTHAM, MA — A Middlesex Superior Court judge ruled that the city's attempt to cut short the three year time frame that the Stigmatines have to challenge the validity of the city's taking of their property, is not valid. But it also ruled that, yes, the city has full control over the land.

Just before the court ruling last week, the mayor told school committee members that the Stigmatine's attorney had reached out to the city requesting mediation. Together, the two sides will choose a retired judge to mediate. The mayor said the city will be updating the MSBA and requesting a four-month extension.

The court ruling and request for mediation comes as the Waltham City Council authorized the $375 million for with plans to build a new high school on land once owned by the Stigmatines. It also comes after a months-long eminent domain battle with the Trustees of the Stigmatine Fathers religious order.

The Stigmatines have three years from the taking to challenge the validity of eminent domain. So far they haven't challenged the validity. The city attempted to cut that short, according to a transcript of a court session on Aug. 28.

"The Court rejects the City's assertion for the ... reason that there is no actual controversy presented by the City's lawsuit, as required .... because the Stigmatine Fathers have not, at least at this point, challenged the validity of the taking, and they have three years to do so."

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 upgrade from 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. At one point the owners put the property on the market, according to court documents. The city-owned Fernald property was a strong contender but fell out as an option after officials realized environmental issues were bigger than originally thought.

When it became clear that the religious order that owned the Stigmatine property was not interested in selling it to the city, a number of city council members voted against taking the property. But, with the deadline looming last year, the city council changed course and 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. This summer the district trimmed the cost to $374.6 million.
MSBA full board will not vote on final funds, until a decision of this court is issued on the summary judgment, an attorney for Waltham told a judge on Aug. 28.

Last month, the Waltham City Council authorized the $375 million for the school.

Latest estimates put doors open September 2024.

There's more to read on this:

• Waltham City Council Authorizes $375 Million For New High ...(Sept. 2019)
• Waltham High School Project Before City Council Again (September 2019)
• Waltham High School Project Edges Forward - (August 2019)
• Stigmatines Must Move By June 30 For Waltham High School ... (June 2019)
• Crews Begin To Evaluate Waltham High School Project Site (April 2019)
• Stigmatines To Waltham: No Surveyors On Our Property (Aug. 2018)
• Residents Camp Out At Waltham City Hall For Latest On High School ( June 2018)
• Waltham High School At Stigmatine?: Possibility Edges Forward(May 2018)
• Waltham Residents Rally At City Hall With Message About Stigmatine (Feb. 28, 2018)
• Waltham Mayor Lays Out Case For Stigmatine (Sept. 28, 2017)
• City Council Denies Eminent Domain Taking of Stigmatine (May 23, 2017)
• Stigmatine Official: 'Our Property Is Not For Sale' (May 18, 2017)
• Mayor McCarthy: Why I Didn't Speak At The Stigmatine Meeting(May 17, 2017)
• Waltham City Council Committee Rejects Eminent Domain (May 15, 2017)
• Waltham Mayor Requests Eminent Domain of Stigmatine (Feb. 2017)
• Community Meetings On New High School At Stigmatines Begin
• State Board Gives Green Light To Waltham High School Next

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).