Pratt v. City of Boston

The city of Boston, acting through a nonprofit corporation subject to the control of the mayor, has permitted a portion of Boston Common to be closed off annually for an extended period and used to present commercially sponsored concerts to which an admission fee is charged. This limitation on the open use of the Common may be unlawful. The city’s use of a nonprofit corporation to arrange for the concerts, involving gross annual revenues of more than $2,000,000 (none of which is placed in the city’s treasury), raises questions under the municipal finance law.

In its opinion, the court properly…