Suffolk​ ​Superior​ ​Court​ ​to​ ​Hear​ ​Arguments​ ​in​ ​Case​ ​Seeking​ ​to​ ​Overturn State​ ​Approval​ ​of​ ​Boston​ ​Children’s​ ​Hospital’s​ ​$1​ ​Billion​ ​Expansion 

Jim McManus - jim@sloweymcmanus.com; 617-413-9232
Lisa Capone - lcapone@sloweymcmanus.com; 781-589-0326
MEDIA ADVISORY

Suffolk Superior Court to Hear Arguments in Case Seeking to Overturn State Approval of Boston Children's Hospital's $1 Billion Expansion

Focusing on alleged widespread disregard for state law and regulations governing hospital expansions, hearing will take place September 13

What: Suffolk Superior Court Judge Janet L. Sanders will hear arguments on two
closely-related motions filed by the Ten Taxpayer Group comprising Friends of the
Prouty Garden in its pending lawsuit against Boston Children’s Hospital (BCH) and
state public health officials. With the parties' legal briefs already on file with the court, this will essentially be the hearing on the merits of the Prouty Garden court case.

The lawsuit alleges, among several other points, that BCH began
construction activities associated with a massive new $1 billion clinical tower in
violation of state laws and regulations governing hospital expansions in
Massachusetts, as well as in violation of conditions of the Determination of Need
(DoN) the state granted to greenlight the project last October. The lawsuit names as
defendants BCH, as well as DPH Commissioner Monica Bharel and Health and
Human Services Secretary Marylou Sudders, and alleges that DPH “approved the
largest project in DoN program history based on a guess.” Supported by members of
the Friends of the Prouty Garden –a world-renowned healing garden destroyed to
make way for the clinical tower, the lawsuit argues that DPH’s approval of the BCH
project “was arbitrary, capricious, contrary to law, an abuse of discretion, and
illegal,” and urges the Court to vacate the state’s decision. Two motions filed earlier
this summer (motion to amend the lawsuit and motion for judgment on the
pleadings) will be subjects of the same hearing.


When: Wednesday Sept. 13, 2017 2 p.m.
Wher: Room 1017, Suffolk Superior Court, 3 Pemberton Square, Boston
Who: Attorneys for the Ten Taxpayer Group (Gregor McGregor and Michael J. O’Neill of McGregor & Legere)
Attorney for the Commonwealth (Attorney General’s office)
Attorney for Boston Children’s Hospital
Members of the Friends of the Prouty Garden will be available for comment