Judge lets Prouty Garden lawsuit against Boston Children's Hospital move forward

Opponents of Boston Children's Hospital's $1 billion plan to expand its campus by building over the Prouty Garden are allowed to carry on its lawsuit against the hospital, a Suffolk Superior Court Judge decided, according to The Boston Globe.

The judge approved part of Boston Children's Hospital's motion to dismiss the lawsuit, but ultimately allowed the Friends of Prouty Garden opposition group's core claim to move ahead.

The hospital is seeking approval from state health officials to build a $1 billion expansion of its Longwood Medical Area campus, which includes building over the Prouty Garden, a tranquil space that many patients and families want to save. In its lawsuit, Friends of Prouty Garden alleges the hospital began working on the project illegally by beginning demolition work before receiving state approval.

In a June 22 ruling, Judge Kenneth W. Salinger allowed that claim to stand but dismissed other claims the group made against the hospital, according to the report. He also dismissed the group's claims against two construction companies involved with the hospital expansion, as well as claims against the state Department of Public Health, asserting the hospital is the only party of interest in the case.

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