Boston Properties Wins in Legal Battle to Develop AstraZeneca Lab Tower in Kendall Square

Boston Properties Inc. (BXP) received judicial approval to continue building AstraZeneca’s new lab tower in Kendall Square, despite opposition from Brammer Bio Inc., a Thermo Fisher subsidiary. Suffolk County Superior Court Judge Kenneth Salinger ruled that the construction at 290 Binney Street would not obstruct access to Brammer's loading docks at 250 Binney Street, thereby rejecting Brammer's request to halt the project.

Objections and Legal Disputes

Brammer Bio raised concerns that the construction would disrupt its operations and violate its sublease agreement. The company argued that the project would impede their access and functionality. However, the judge dismissed these claims, citing BXP’s legal rights to reconfigure the roadway and proceed with partial construction under the terms of their easement.

Response from Thermo Fisher

Thermo Fisher expressed strong disapproval of the court’s decision and is considering further legal action. The lawsuit includes additional allegations from Brammer regarding trespassing and operational interruptions caused by the construction activities. Nonetheless, Judge Salinger found these accusations unsubstantiated, noting that BXP had made efforts to minimize disruptions.

Validity of Easement Change

A significant aspect of the ruling was the validation of a recent easement modification by a BXP affiliate, intended to facilitate the lab tower's construction. Judge Salinger confirmed the legitimacy of this change, reinforcing BXP’s right to proceed with the project. Thermo Fisher remains dissatisfied with the decision and is reviewing potential legal responses.