A lawsuit is holding up construction of a chapel, office building, park and hotel in South Boston’s Seaport District, according to Boston Global Investors, the projects’ developer.
Waltham’s Crosspoint Associates, majority owner of 10 adjacent Thomson Place and Farnsworth Street buildings until last month, sued BGI in September, claiming it had an easement through Block J, where the hotel is to be built as part of BGI’s $3.5 billion, 23-acre Seaport Square development.
“What they didn’t factor into this frivolous claim was the same easement ran through Block H, which is where the chapel (park and office building) is going,” BGI CEO John Hynes said.
A judge dismissed the case in November, but Crosspoint is appealing. A Suffolk Superior Court hearing is set for next week.
Construction of the 5,000-square-foot chapel, 1-acre park and four-story office building was set to start last December, while the 300-room Yotel hotel was to start this month. All projects remain on hold pending the appeal.
“Right now, there’s a cloud over the title, which is basically holding us hostage,” Hynes said. “Until the title is cleaned up, we can’t close our construction financing or get our equity commitment secured.”
Crosspoint did not respond to Herald inquiries.
The easement dates to 1979, when Penn Central Railroad granted it to Boston Wharf Co. Penn Central owned Block J, and Boston Wharf owned the Thomson Place and Farnsworth Street buildings. The MBTA took Block J by eminent domain in 1998 to build the Silver Line. Under a pact with then-owner McCourt-Broderick LP, it agreed to “acquire and extinguish” the easement and pay $340,000 in damages, court documents state.
BGI bought Block J in 2011 from the MBTA, which “irrevocably and unconditionally terminated, released and extinguished the easement” in 2014. “When we bought the property, the title insurance we got with (it) said the easement was extinguished,” Hynes said.
BGI is hoping for relief from Invesco Advisers, new majority owner of the Thomson Place and Farnsworth Street buildings under a $183.5 million deal with Crosspoint that closed in April.
“We have some optimism that these guys are going to do the right thing and walk away from this,” Hynes said.
Invesco cited its policy not to comment on “potential legal matters.”