Waltham High School Project Abutters Lawsuit Dismissed

WALTHAM, MA — A lawsuit brought by abutters to the new high school under construction, that put the city's access to state funds to pay for that construction in jeopardy, was dismissed March 39.

Four Waltham residents filed a lawsuit in the Middlesex Superior Court in December accusing the Waltham Zoning Board of Appeals of improperly approving zoning variances and the city of violating private property rights. That lawsuit triggered a clause that prompted the state to stop payments for the $375M project.

But according to court documents, both parties agreed to drop the case, will pay their own legal fees and give up their right to appeal.

Patch has reached out to Mayor Jeannette McCarthy and to a representative for the Waltham residents who filed the lawsuit. Neither immediately responded to request for comment.

Previously: Waltham High School Project Lawsuit Halts MSBA Funding

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 fix deteriorating building conditions. After contentious back and forth about the ideal location, which included conversation about just renovating on the current high school land, the city eventually agreed to the controversial decision to acquire the property of the Stigmatines, a religious order close to the current high school.

In order to take the property by eminent domain the city had to prove to the state there were no other viable options in the city to build the school.

Crews broke ground on the site in September 2020. Since January crews have been blasting away rock to make way for the school, prompting concern from neighbors that the explosions may damage their homes.

Jenna Fisher is a news reporter for Patch. Got a tip? She can be reached at Jenna.Fisher@patch.com or by calling 617-942-0474. Follow her on Twitter and Instagram (@ReporterJenna). Have a something you'd like posted on the Patch? Here's how.