[MassHistPres] Churches in LHDs

[Sam Bird]

In would seem this would quickly extend to other areas - are churches  
to be exempt from zoning, building codes, accessibility provisions,  
to name a few?  Can you find some other task to occupy this  
attorney's time? Seriously, I think the logical view   (I am not an  
attorney) is that there is a public interest in the issues of land  
use management, building life safety and historic preservation among  
other things, and that these layers of public interest can be placed  
over churches (and have been for decades) without impinging upon  
their religious freedoms. Then again, in things legal, logic is a  
heavily discounted commodity....

Sam Bird AIA
Concord

On Oct 22, 2009, at 11:36 AM, <slater at alum.rpi.edu> wrote:

> Our city attorney is floating a theory that it is may not be legal  
> to include churches in local historic districts because this would  
> be a violation of the separation of church & state, in particular  
> because any encumbrance would be considered a "taking" under the  
> 5th amendment, particularly since the building would not be  
> permitted to be demolished.
>
> Can anyone speak to that? That seems like a very dangerous path to  
> go down.
>
> Ralph Slate
> Springfield, MA
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