Fenway Center wins court battle

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10/10/2012 1:55 PM
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The state’s appeals court has upheld a land court ruling allowing the construction of the massive Fenway Center development, a complex of apartments, stores, and offices to be built over the Massachusetts Turnpike.

The appeals court found that there was no legal basis for HRPT Medical Buildings Realty Trust to block the $450 million project. HRPT had sued, claiming Fenway Center would improperly infringe on property it owns on Brookline Avenue.

HRPT appealed an unfavorable land court ruling in the case, but the state court of appeals on Tuesday upheld the land court’s decision.

HRPT could be immediately reached for comment.

Fenway Center developer John Rosenthal said he was gratified by the decision.

“Resolving this completely frivolous lawsuit clears the way for us to start construction,” he said.

The project is expected to get underway in spring. It includes 550 apartments, retail stores, parking garages, and a 27-story office and residential building on parking lots near the ballpark. A new commuter rail station is being next to the site.

The five-building complex is designed to be unlike anything now standing in Boston, with solar panels to generate much of its electricity. Part of the development will straddle the turnpike between Brookline Avenue and Beacon Street.

Casey Ross can be reached at cross@globe.com.
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