Boston Properties Prevails in Kendall Square Fight

A judge ruled in favor of Boston Properties in its dispute with a biotechnology company in one of the nation’s top life sciences markets.

Suffolk County Superior Court Judge Kenneth Salinger determined the construction of AstraZeneca’s future lab space in Cambridge’s Kendall Square didn’t obstruct Brammer Bio’s access to its loading docks at 250 Binney Street, the Boston Business Journal reported.

Brammer, a subsidiary of Thermo Fisher, failed to get an injunction to stop work on the AstraZeneca building next door at 290 Binney Street. BXP is building a 16-story property for AstraZeneca, which will include an apartment building — the neighborhood’s tallest — and an underground electrical substation.

“We strongly disagree with the court’s ruling and are evaluating our legal options,” a spokesperson for Thermo Fisher said. BXP did not comment on the judge’s ruling.

BXP started construction on the project two years ago. Disputes between BXP and Brammer followed as the former planned to demolish the latter’s facility, which Brammer doesn’t want to leave; in a separate lawsuit, a judge ruled Brammer’s sublease could be extended for 250 Binney, which it was until 2029.

Brammer filed its lawsuit against BXP and Turner Construction last month, alleging the construction was too close to its facility, causing disruptions to its business and threatening to hurt the batches of treatments the company creates. Brammer also alleged a BXP affiliate altered an easement involving Brammer’s leased property. The judge ruled the easement was valid.

Brammer started subleasing the BXP space at 250 Binney from Biogen in 2016. The company utilizes 66,000 square feet to manufacture treatments including gene therapies.

Brammer, which claims to have spent $100 million outfitting the property to its needs, previously suggested it was open to negotiating regarding future operations with BXP; Brammer claims it was under the impression it could stay at its facility until at least 2034.

The property for AstraZeneca is expected to be completed in 2026.

— Holden Walter-Warner