Opponents of Boston Children's Hospital's plan to demolish Prouty Garden to make room for a new 11-story tower have filed a lawsuit in Suffolk Superior Court against the children's hospital and the Department of Public Health.
The lawsuit alleges the hospital has illegally begun construction and fundraising for a $1 billion expansion project that has not yet been approved by the commonwealth.
ProutyGarden, located at the Longwood campus, has served as a restful sanctuary for innumerable sick and dying children and their families. The Friends of Prouty Garden, a group of families, staff and donors seeking to prevent destruction of the therapeutic healing garden at Boston Children's Hospital, is an approved intervenor in the determination of need process. Twelve members of Friends of Prouty are named as plaintiffs in the suit.
"We are asking the court to stop pre-construction work on the proposed $1 billion expansion in the Longwood Medical Area before permanent damage is done to the hospital campus," Greg McGregor, an attorney for the Friends of Prouty Garden group, said at a press conference outside the courthouse.
"This massive development, which is the largest medical project in Massachusetts history, requires that BCH obtain approval from the state through the determination of need process," said Gustave Murby, spokesman for the plaintiffs. "That process has just begun, and yet the hospital is closing and emptying buildings slated for demolition and publicly raising funds for the proposed building."
State law prohibits substantial pre-construction work and public fundraising for a new building prior to DoN approval. According to Mr. Murby, Friends of Prouty has received reports that the hospital administration is claiming their DoN approval has already been obtained.
So far, about 16,000 individuals have signed a petition pleading with the hospital to save the garden.