The BRA, um, BPDA, just won't take no for an answer: After losing several legal battles over its attempts to put a restaurant at the end of Long Wharf, the authority is trying yet again to convince judges to let it get what it wants.
NorthEndWaterfront.com reports the BPDA has filed an appeal of a judge's decision last month that once again blocked its plan to turn the Blue Line emergency-exit kiosk into a full-service restaurant.
In March, Suffolk Superior Court Judge Elizabeth Fahey became the latest judge to rule in favor of 10 North End residents who have been fighting the plan, claiming that the National Park Service intended for that part of the wharf to remain parkland forever when it gave $825,000 to the BRA to fix up the wharf in 1980.
Fahey cited a ruling by the federal Court of Appeals for the First Circuit in Boston last September that said a map the BRA had somehow lost - as used to be its practice with inconvenient documents - but which two retired National Park Service workers then found, showed that the kiosk was within the borders of the area for which the park service had paid for repairs.
In her ruling, Fahey wrote:
The Boston Redevelopment Authority can no longer claim either that the 1980 Project Area Map is not the map of record for Long Wharf or that Long Wharf Pavilion falls outside the Land and Water Conservation Fund Act, (LWCF Act) 54 U.S.C. Paragraph 200301-200310, Section 6(f) Conservation Area for perpetuity or that it can proceed with the proposed Project within Long Wharf Pavilion in the future without the National Park Service's (NPS) approval.
Fahey said the BRA could build something at the end of Long Wharf, but only if it offered the National Park Service a comparable parcel - and then only if the NPS agreed to take it.
The BPDA filed its appeal last week.