[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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