[MassHistPres] Church sues over district creation

Ralph Slate slater at alum.rpi.edu
Thu Jan 21 19:21:07 EST 2010


The Roman Catholic Diocese of Springfield is suing the city for 
including a church in a historic district:

http://www.masslive.com/news/index.ssf/2010/01/roman_catholic_diocese_of_spri_7.html

It's safe to say that this case has enormous impact on historic 
preservation in the state.

The basis for the suit is that historic designation of the church 
violates freedom of religion, speech, expression, assembly, and equal 
protection guaranteed under both the US and Massachusetts constitutions. 
The church is looking to nullify the district and is also seeking 
compensatory damages.

The church is advancing the theory that the district was created with 
unnecessary haste, and out of political expediency.

It is important to note that the church is no longer serving as a church 
-- it has been closed, and presumably deconsecrated. So even though it 
looks like a church, it is just a building now.

Ralph Slate
Chair
Springfield Historical Commission



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