[MassHistPres] Roman-Catholic-Diocese-lawsuit-vs.-City-of-Springfield
Ralph Slate
slater at alum.rpi.edu
Mon Jan 25 20:14:41 EST 2010
Hi Susan --
I think that the announced closing of the parish signified that the
structure was threatened and that is what sparked interest. Also, the
demolition of the St. Joseph's church in 2005 (to be replaced by a
generic bank building) was another wakeup call to the public that these
buildings could cease to exist.
There is no attempt being made here to do an end-run around the diocesan
planning process. The expectation is that this church will no longer be
a Roman Catholic church. The public's concern is with the magnificent
and irreplaceable structure that is left, and the history that it
symbolizes.
Historic designation does not mean "will sit empty until it falls down".
It means that the first and/or most convenient option for reuse should
not be demolition. That could mean many things -- from another
denomination taking the building over, to conversion to housing, or to a
social center (either public or private). There are many options
available beyond demolition.
Churches are among the most grand structures in this country -- or in
the world, for that matter. I don't think that the "freedom of religion"
clause means that religious entities should be separate from all law --
it means that they should be treated equally. There is a public interest
in historic preservation -- any buildings.
Ralph Slate
Springfield, MA
sgaug2108 at comcast.net wrote:
>
> But.....
>
> Why was no one concerned about this "wonderful" "historic" building
> until the diocese, as part of its overall pastoral planning, decided
> to close it??? Why did it suddenly become so important an historic
> site?? Disgruntled parishioners are simply using the system to try to
> get their way. Now this building will sit empty until it falls down -
> or is the city of Springfield going to buy it because they've decided
> it's so important a structure???
>
> Susan Gaughan
>
>
>
> ----- Original Message -----
> From: "Pat Patrick" <pat at oldtownrepair.com>
> To: masshistpres at cs.umb.edu
> Sent: Monday, January 25, 2010 7:21:08 PM GMT -05:00 US/Canada Eastern
> Subject: [MassHistPres]
> Roman-Catholic-Diocese-lawsuit-vs.-City-of-Springfield
>
> This suit compels me to disregard propriety and say it like I see it. The
> Catholic Church shows yet again an insulting denial and convenient
> convolution of history. In doing so, they deny incumbent stewardship and
> choose not to stand with our American heritage; while conveniently hiding
> behind worn, schoolyard rhetoric. It is not significant if the
> structure has
> not seen a Mass in years or ever how long! The only considerations
> are the
> building's place in Springfield and American history, and our
> constitutional
> right and obligation to preserve that history for present and future
> generations. Have the people not spoken in this regard? Freedom of
> religion is an equal constitutional protection for all, not a convenient
> vestment behind which to hide from citizenship and responsibility. The
> church and its lawyers should be ashamed to have even brought this
> frivolous
> matter to suit, exposing again an ancient arrogance. Stand strong
> Springfield. It is your right, and your obligation to do so. Again,
> history is in your capable hands.
>
>
> James M "Pat" Patrick
> OldTownRepair
> 2 Pleasant Ct., Gr. Fl. Office
> Marblehead, MA 01945
> 781-631-5145 (P)
> 781-639-8024 (F)
> pat at oldtownrepair.com
> www.oldtownrepair.com
> Restoration and Solutions for Old and Historic Windows and Doors
> Member of The Northeast Window Restorers Alliance
>
> -----Original Message-----
> From: masshistpres-bounces at cs.umb.edu
> [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of
> masshistpres-request at cs.umb.edu
> Sent: Monday, January 25, 2010 12:00 PM
> To: masshistpres at cs.umb.edu
> Subject: MassHistPres Digest, Vol 47, Issue 20
>
> Send MassHistPres mailing list submissions to
> masshistpres at cs.umb.edu
>
> To subscribe or unsubscribe via the World Wide Web, visit
> http://mailman.cs.umb.edu/mailman/listinfo/masshistpres
> or, via email, send a message with subject or body 'help' to
> masshistpres-request at cs.umb.edu
>
> You can reach the person managing the list at
> masshistpres-owner at cs.umb.edu
>
> When replying, please edit your Subject line so it is more specific
> than "Re: Contents of MassHistPres digest..."
>
>
> Today's Topics:
>
> 1. Re: Church sues over district creation (slater at alum.rpi.edu)
> 2. Re: Church sues over district creation (Jonathan Feist)
> 3. Re: Church sues over district creation (McClure, Veronica)
> 4. Re: Church sues over district creation (Brian Yates)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Mon, 25 Jan 2010 08:31:27 -0800
> From: <slater at alum.rpi.edu>
> Subject: Re: [MassHistPres] Church sues over district creation
> To: <masshistpres at cs.umb.edu>
> Message-ID: <c06501ca9ddb$d7b08930$0168010a at mail2world.com>
> Content-Type: text/plain; charset="iso-8859-1"
>
> I have uploaded a copy of the lawsuit here:
>
> http://www.scribd.com/doc/25777752/Roman-Catholic-Diocese-lawsuit-vs-Cit
> y-of-Springfield-re-Our-Lady-of-Hope-Historic-District
>
> One of the claims seems to be that since the church building is in the
> shape of a cross, regulating anything pertaining to it would be the same
> as regulating religious expression.
>
> Ralph Slate
> Springfield, MA
>
>
> -------------- next part --------------
> An HTML attachment was scrubbed...
> URL:
> <http://mailman.cs.umb.edu/mailman/private/masshistpres/attachments/20100125
> /df452895/attachment.html>
>
> ------------------------------
>
> Message: 2
> Date: Mon, 25 Jan 2010 11:27:59 -0500
> From: Jonathan Feist <jfeist at charter.net>
> Subject: Re: [MassHistPres] Church sues over district creation
> To: MHC MHC listserve <masshistpres at cs.umb.edu>
> Message-ID: <910D7C05-2682-4DFD-9741-02C82EE846C0 at charter.net>
> Content-Type: text/plain; charset="windows-1252"; Format="flowed";
> DelSp="yes"
>
> A nicer way to spin this is that beautiful, unique places aren't as
> disposable as crappy, ugly places. It's an acknowledgement that beauty
> exists and that we as a society value it. One would hope that a
> church, of all places, might be sympathetic to this perspective.
>
> --Jonathan
>
>
> On Jan 25, 2010, at 11:17 AM, Brian Yates wrote:
>
> > The Archdiocese of Boston changed its mind about closing Mary
> > Immaculate of Lourdes church in Newton Upper Falls and gave as the
> > reason that its location in a local historic district would make it
> > very difficult to re-use the property.
> >
> > Alderman Brian Yates
> >
> > On Fri, Jan 22, 2010 at 10:13 AM, Joey Glushko
> <JGlushko at town.arlington.ma.us
> > > wrote:
> > participants in this discussion might find of interest the "Legal
> > News" articles in the Jan. 2010 APA magazine, PLANNING (see p. 9).
> > In an Illinois case, the courts found the denial of a church
> > relocation to be valid; see River of Life Kingdom Ministries v.
> > Village of Hazel Crest, No.. 08-2819, October 27, 2009 (7th Cir.).
> >
> > Joey Glushko, Planner
> > Planning and Comm. Devel.
> > Arlington, MA 02476
> > Phone: 781-316-3093
> >
> > -----Original Message-----
> > From: <slater at alum.rpi.edu>
> > To: <acornhp at yahoo.com>
> > Cc: masshistpres at cs.umb.edu
> > Date: Fri, 22 Jan 2010 06:31:58 -0800
> > Subject: Re: [MassHistPres] Church sues over district creation
> >
> > >Should we assume this is a move because they hoped
> > >to tear it down? I can't think of another reason why they would say
> > this.
> > >
> > >Sounds like a great opportunity to have a design charette to come
> > up with
> > >alternative uses for the site and get some developers to pay
> > attention to it.
> > >
> >
> > The church attorney claimed that government is interfering in its
> > ability to dispose of its property, and the attorney advanced the
> > argument that it is constitutionally offensive for the church to
> > even have to appear before government to request permission to do
> > anything.
> >
> > There have been no stated plans, but the site is attractive for
> > retail development, being a corner lot in a business district. The
> > church already sold one parcel on that corner several years ago to
> > Walgreens -- I think it used to have the church's convent on it,
> > which was then demolished.
> >
> > I think this brings up some interesting questions -- if a church is
> > exempt from being in a historic district, then could a church within
> > a district (but exempt) that wanted some extra parking purchase an
> > abutting property and then demolish it, claiming that the new
> > property would also be exempt because it is now church-owned?
> >
> > Ralph
> >
> > ******************************
> > For administrative questions regarding this list, please contact
> Christopher.Skelly at state.ma.us
> > directly. PLEASE DO NOT "REPLY" TO THE WHOLE LIST.
> > MassHistPres mailing list
> > MassHistPres at cs.umb.edu
> > http://mailman.cs.umb.edu/mailman/listinfo/masshistpres
> > ********************************
> >
> >
> > ******************************
> > For administrative questions regarding this list, please contact
> Christopher.Skelly at state.ma.us
> > directly. PLEASE DO NOT "REPLY" TO THE WHOLE LIST.
> > MassHistPres mailing list
> > MassHistPres at cs.umb.edu
> > http://mailman.cs.umb.edu/mailman/listinfo/masshistpres
> > ********************************
>
> ================================
> Jonathan Feist
> jfeist at charter.net ? 978-772-4864
> Blog: Delights and Processes http://blogs.townonline.com/delight/
> Writing about Music http://jonathanfeist..berkleemusicblogs.com/
>
> -------------- next part --------------
> An HTML attachment was scrubbed...
> URL:
> <http://mailman.cs.umb.edu/mailman/private/masshistpres/attachments/20100125
> /ff53ae12/attachment-0001.htm>
>
> ------------------------------
>
> Message: 3
> Date: Mon, 25 Jan 2010 11:45:50 -0500
> From: "McClure, Veronica" <veronica_mcclure at harvard.edu>
> Subject: Re: [MassHistPres] Church sues over district creation
> To: "slater at alum.rpi.edu" <slater at alum.rpi.edu>,
> "masshistpres at cs.umb.edu" <masshistpres at cs.umb.edu>
> Message-ID:
> <9187B9397DB1B54A8E2FC83C89CBEE4A9F7C101E8E at MAIL.hks.internal>
> Content-Type: text/plain; charset="us-ascii"
>
> Does that make cross-gabled houses religious symbols?
>
> Veronica McClure
>
> ________________________________
> From: masshistpres-bounces at cs.umb.edu
> [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of slater at alum.rpi.edu
> Sent: Monday, January 25, 2010 11:31 AM
> To: masshistpres at cs.umb.edu
> Subject: Re: [MassHistPres] Church sues over district creation
>
> I have uploaded a copy of the lawsuit here:
>
> http://www.scribd.com/doc/25777752/Roman-Catholic-Diocese-lawsuit-vs-City-of
> -Springfield-re-Our-Lady-of-Hope-Historic-District
>
> One of the claims seems to be that since the church building is in the
> shape
> of a cross, regulating anything pertaining to it would be the same as
> regulating religious expression.
>
> Ralph Slate
> Springfield, MA
> -------------- next part --------------
> An HTML attachment was scrubbed...
> URL:
> <http://mailman.cs.umb.edu/mailman/private/masshistpres/attachments/20100125
> /c02bb0a3/attachment-0001.htm>
>
> ------------------------------
>
> Message: 4
> Date: Mon, 25 Jan 2010 11:51:29 -0500
> From: Brian Yates <byates at comteam.org>
> Subject: Re: [MassHistPres] Church sues over district creation
> To: Ralph Slate <slater at alum.rpi.edu>
> Cc: MassHistPres MA <masshistpres at cs.umb.edu>
> Message-ID:
> <fb80590c1001250851l4a5ded88t3697f97c71cebb03 at mail.gmail.com>
> Content-Type: text/plain; charset="iso-8859-1"
>
> If the building is no longer a church, how is the Free Exercise of
> Religion
> restricted?
>
> On Thu, Jan 21, 2010 at 7:21 PM, Ralph Slate <slater at alum.rpi.edu> wrote:
>
> > 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_spr
> i_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
> >
> > ******************************
> > For administrative questions regarding this list, please contact
> > Christopher.Skelly at state.ma.us directly. PLEASE DO NOT "REPLY" TO THE
> > WHOLE LIST.
> > MassHistPres mailing list
> > MassHistPres at cs.umb.edu
> > http://mailman.cs.umb.edu/mailman/listinfo/masshistpres
> > ********************************
> >
> -------------- next part --------------
> An HTML attachment was scrubbed....
> URL:
> <http://mailman.cs.umb.edu/mailman/private/masshistpres/attachments/20100125
> /772b5fdd/attachment-0001.htm>
>
> ------------------------------
>
> _______________________________________________
> MassHistPres mailing list
> MassHistPres at cs.umb.edu
> http://mailman.cs..umb.edu/mailman/listinfo/masshistpres
>
>
> End of MassHistPres Digest, Vol 47, Issue 20
> ********************************************
>
> ******************************
> For administrative questions regarding this list, please contact
> Christopher.Skelly at state.ma.us directly. PLEASE DO NOT "REPLY" TO THE
> WHOLE LIST.
> MassHistPres mailing list
> MassHistPres at cs.umb.edu
> http://mailman.cs.umb.edu/mailman/listinfo/masshistpres
> ********************************
>
> ------------------------------------------------------------------------
>
> ******************************
> For administrative questions regarding this list, please contact Christopher.Skelly at state.ma.us directly. PLEASE DO NOT "REPLY" TO THE WHOLE LIST.
> MassHistPres mailing list
> MassHistPres at cs.umb.edu
> http://mailman.cs.umb.edu/mailman/listinfo/masshistpres
> ********************************
>
> --===============1003452568==--Return-Path: <masshistpres-bounces at cs.umb.edu>
> Received: from 216.163.188.206 unverified ([216.163.188.206]) by spde01oc.mail2world.com with Mail2World SMTP Server;
> Mon, 25 Jan 2010 16:43:47 -0800
> Received: from mx1.cs.umb.edu (unknown [158.121.104.3])
> by c9mailgw13.amadis.com (Postfix) with ESMTP id CEEA3BACA9642
> for <slater at alum.rpi.edu>; Mon, 25 Jan 2010 16:43:28 -0800 (PST)
> Received: from serlu.cs.umb.edu (serlu.cs.umb.edu [192.168.104.129])
> by mx1.cs.umb.edu (8.12.11/8.12.8) with ESMTP id o0Q0gddr018305;
> Mon, 25 Jan 2010 19:42:40 -0500 (EST)
> Received: from [127.0.1.1] (localhost.cs.umb.edu [127.0.0.1])
> by serlu.cs.umb.edu (Postfix) with ESMTP id DFD0914AA43F;
> Mon, 25 Jan 2010 19:42:39 -0500 (EST)
> Received: from mx1.cs.umb.edu (mx1.cs.umb.edu [192.168.104.3])
> by serlu.cs.umb.edu (Postfix) with ESMTP id 215AD14AA434
> for <masshistpres at serlu.cs.umb.edu>;
> Mon, 25 Jan 2010 19:42:36 -0500 (EST)
> Received: from QMTA11.westchester.pa.mail.comcast.net
> (qmta11.westchester.pa.mail.comcast.net [76.96.59.211])
> by mx1.cs.umb.edu (8.12.11/8.12.8) with ESMTP id o0Q0gZQh018300
> for <masshistpres at cs.umb.edu>; Mon, 25 Jan 2010 19:42:35 -0500 (EST)
> Received: from omta03.westchester.pa.mail.comcast.net ([76.96.62.27])
> by QMTA11.westchester.pa.mail.comcast.net with comcast
> id a0FG1d0080bG4ec5B0iXa3; Tue, 26 Jan 2010 00:42:31 +0000
> Received: from sz0133.wc.mail.comcast.net ([76.96.58.197])
> by omta03.westchester.pa.mail.comcast.net with comcast
> id a0iX1d0084FK9Es3P0iXEq; Tue, 26 Jan 2010 00:42:31 +0000
> Date: Tue, 26 Jan 2010 00:42:31 +0000 (UTC)
> From: sgaug2108 at comcast.net
> To: Pat Patrick <pat at oldtownrepair.com>
> Message-ID: <738097996.4538811264466550993.JavaMail.root at sz0133a.westchester.pa.mail.comcast.net>
> In-Reply-To: <002701ca9e1d$75cd9d10$6168d730$@com>
> MIME-Version: 1.0
> X-Originating-IP: [71.232.150.253]
> X-Mailer: Zimbra 5.0.19_GA_3172.RHEL5_64 (ZimbraWebClient - IE7
> (Win)/5.0.19_GA_3172.RHEL5_64)
> X-Scanned-By: MIMEDefang 2.65 on 192.168.104.3
> X-Scanned-By: MIMEDefang 2.65 on 192.168.104.3
> Cc: masshistpres at cs.umb.edu
> Subject: Re: [MassHistPres]
> Roman-Catholic-Diocese-lawsuit-vs.-City-of-Springfield
> X-BeenThere: masshistpres at cs.umb.edu
> X-Mailman-Version: 2.1.10
> Precedence: list
> List-Id: Massachusetts Historical Preservation interests
> <masshistpres.cs.umb.edu>
> List-Unsubscribe: <http://mailman.cs.umb.edu/mailman/options/masshistpres>,
> <mailto:masshistpres-request at cs.umb.edu?subject=unsubscribe>
> List-Archive: <http://mailman.cs.umb.edu/mailman/private/masshistpres>
> List-Post: <mailto:masshistpres at cs.umb.edu>
> List-Help: <mailto:masshistpres-request at cs.umb.edu?subject=help>
> List-Subscribe: <http://mailman.cs.umb.edu/mailman/listinfo/masshistpres>,
> <mailto:masshistpres-request at cs.umb.edu?subject=subscribe>
> Content-Type: multipart/mixed; boundary="===============1003452568=="
> Mime-version: 1.0
> Sender: masshistpres-bounces at cs.umb.edu
> Errors-To: masshistpres-bounces at cs.umb.edu
> X-CTASD-RefID: str=0001.0A090202.4B5E3ABF.0035,ss=1,fgs=0
> X-CTASD-IP: 158.121.104.3
> X-CTASD-Sender: masshistpres-bounces at cs.umb.edu
> x-ctasd: uncategorized
> x-ctasd-vod: uncategorized
> x-ctasd-station:
> X-Antivirus: avast! (VPS 100125-0, 01/25/2010), Inbound message
> X-Antivirus-Status: Clean
>
>
> ------------------------------------------------------------------------
>
> But.....
>
> Why was no one concerned about this "wonderful" "historic" building
> until the diocese, as part of its overall pastoral planning, decided
> to close it??? Why did it suddenly become so important an historic
> site?? Disgruntled parishioners are simply using the system to try to
> get their way. Now this building will sit empty until it falls down -
> or is the city of Springfield going to buy it because they've decided
> it's so important a structure???
>
> Susan Gaughan
>
>
>
> ----- Original Message -----
> From: "Pat Patrick" <pat at oldtownrepair.com>
> To: masshistpres at cs.umb.edu
> Sent: Monday, January 25, 2010 7:21:08 PM GMT -05:00 US/Canada Eastern
> Subject: [MassHistPres]
> Roman-Catholic-Diocese-lawsuit-vs.-City-of-Springfield
>
> This suit compels me to disregard propriety and say it like I see it. The
> Catholic Church shows yet again an insulting denial and convenient
> convolution of history. In doing so, they deny incumbent stewardship and
> choose not to stand with our American heritage; while conveniently hiding
> behind worn, schoolyard rhetoric. It is not significant if the
> structure has
> not seen a Mass in years or ever how long! The only considerations
> are the
> building's place in Springfield and American history, and our
> constitutional
> right and obligation to preserve that history for present and future
> generations. Have the people not spoken in this regard? Freedom of
> religion is an equal constitutional protection for all, not a convenient
> vestment behind which to hide from citizenship and responsibility. The
> church and its lawyers should be ashamed to have even brought this
> frivolous
> matter to suit, exposing again an ancient arrogance. Stand strong
> Springfield. It is your right, and your obligation to do so. Again,
> history is in your capable hands.
>
>
> James M "Pat" Patrick
> OldTownRepair
> 2 Pleasant Ct., Gr. Fl. Office
> Marblehead, MA 01945
> 781-631-5145 (P)
> 781-639-8024 (F)
> pat at oldtownrepair.com
> www.oldtownrepair.com
> Restoration and Solutions for Old and Historic Windows and Doors
> Member of The Northeast Window Restorers Alliance
>
> -----Original Message-----
> From: masshistpres-bounces at cs.umb.edu
> [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of
> masshistpres-request at cs.umb.edu
> Sent: Monday, January 25, 2010 12:00 PM
> To: masshistpres at cs.umb.edu
> Subject: MassHistPres Digest, Vol 47, Issue 20
>
> Send MassHistPres mailing list submissions to
> masshistpres at cs.umb.edu
>
> To subscribe or unsubscribe via the World Wide Web, visit
> http://mailman.cs.umb.edu/mailman/listinfo/masshistpres
> or, via email, send a message with subject or body 'help' to
> masshistpres-request at cs.umb.edu
>
> You can reach the person managing the list at
> masshistpres-owner at cs.umb.edu
>
> When replying, please edit your Subject line so it is more specific
> than "Re: Contents of MassHistPres digest..."
>
>
> Today's Topics:
>
> 1. Re: Church sues over district creation (slater at alum.rpi.edu)
> 2. Re: Church sues over district creation (Jonathan Feist)
> 3. Re: Church sues over district creation (McClure, Veronica)
> 4. Re: Church sues over district creation (Brian Yates)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Mon, 25 Jan 2010 08:31:27 -0800
> From: <slater at alum.rpi.edu>
> Subject: Re: [MassHistPres] Church sues over district creation
> To: <masshistpres at cs.umb.edu>
> Message-ID: <c06501ca9ddb$d7b08930$0168010a at mail2world.com>
> Content-Type: text/plain; charset="iso-8859-1"
>
> I have uploaded a copy of the lawsuit here:
>
> http://www.scribd.com/doc/25777752/Roman-Catholic-Diocese-lawsuit-vs-Cit
> y-of-Springfield-re-Our-Lady-of-Hope-Historic-District
>
> One of the claims seems to be that since the church building is in the
> shape of a cross, regulating anything pertaining to it would be the same
> as regulating religious expression.
>
> Ralph Slate
> Springfield, MA
>
>
> -------------- next part --------------
> An HTML attachment was scrubbed...
> URL:
> <http://mailman.cs.umb.edu/mailman/private/masshistpres/attachments/20100125
> /df452895/attachment.html>
>
> ------------------------------
>
> Message: 2
> Date: Mon, 25 Jan 2010 11:27:59 -0500
> From: Jonathan Feist <jfeist at charter.net>
> Subject: Re: [MassHistPres] Church sues over district creation
> To: MHC MHC listserve <masshistpres at cs.umb.edu>
> Message-ID: <910D7C05-2682-4DFD-9741-02C82EE846C0 at charter.net>
> Content-Type: text/plain; charset="windows-1252"; Format="flowed";
> DelSp="yes"
>
> A nicer way to spin this is that beautiful, unique places aren't as
> disposable as crappy, ugly places. It's an acknowledgement that beauty
> exists and that we as a society value it. One would hope that a
> church, of all places, might be sympathetic to this perspective.
>
> --Jonathan
>
>
> On Jan 25, 2010, at 11:17 AM, Brian Yates wrote:
>
> > The Archdiocese of Boston changed its mind about closing Mary
> > Immaculate of Lourdes church in Newton Upper Falls and gave as the
> > reason that its location in a local historic district would make it
> > very difficult to re-use the property.
> >
> > Alderman Brian Yates
> >
> > On Fri, Jan 22, 2010 at 10:13 AM, Joey Glushko
> <JGlushko at town.arlington.ma.us
> > > wrote:
> > participants in this discussion might find of interest the "Legal
> > News" articles in the Jan. 2010 APA magazine, PLANNING (see p. 9).
> > In an Illinois case, the courts found the denial of a church
> > relocation to be valid; see River of Life Kingdom Ministries v.
> > Village of Hazel Crest, No.. 08-2819, October 27, 2009 (7th Cir.).
> >
> > Joey Glushko, Planner
> > Planning and Comm. Devel.
> > Arlington, MA 02476
> > Phone: 781-316-3093
> >
> > -----Original Message-----
> > From: <slater at alum.rpi.edu>
> > To: <acornhp at yahoo.com>
> > Cc: masshistpres at cs.umb.edu
> > Date: Fri, 22 Jan 2010 06:31:58 -0800
> > Subject: Re: [MassHistPres] Church sues over district creation
> >
> > >Should we assume this is a move because they hoped
> > >to tear it down? I can't think of another reason why they would say
> > this.
> > >
> > >Sounds like a great opportunity to have a design charette to come
> > up with
> > >alternative uses for the site and get some developers to pay
> > attention to it.
> > >
> >
> > The church attorney claimed that government is interfering in its
> > ability to dispose of its property, and the attorney advanced the
> > argument that it is constitutionally offensive for the church to
> > even have to appear before government to request permission to do
> > anything.
> >
> > There have been no stated plans, but the site is attractive for
> > retail development, being a corner lot in a business district. The
> > church already sold one parcel on that corner several years ago to
> > Walgreens -- I think it used to have the church's convent on it,
> > which was then demolished.
> >
> > I think this brings up some interesting questions -- if a church is
> > exempt from being in a historic district, then could a church within
> > a district (but exempt) that wanted some extra parking purchase an
> > abutting property and then demolish it, claiming that the new
> > property would also be exempt because it is now church-owned?
> >
> > Ralph
> >
> > ******************************
> > For administrative questions regarding this list, please contact
> Christopher.Skelly at state.ma.us
> > directly. PLEASE DO NOT "REPLY" TO THE WHOLE LIST.
> > MassHistPres mailing list
> > MassHistPres at cs.umb.edu
> > http://mailman.cs.umb.edu/mailman/listinfo/masshistpres
> > ********************************
> >
> >
> > ******************************
> > For administrative questions regarding this list, please contact
> Christopher.Skelly at state.ma.us
> > directly. PLEASE DO NOT "REPLY" TO THE WHOLE LIST.
> > MassHistPres mailing list
> > MassHistPres at cs.umb.edu
> > http://mailman.cs.umb.edu/mailman/listinfo/masshistpres
> > ********************************
>
> ================================
> Jonathan Feist
> jfeist at charter.net ? 978-772-4864
> Blog: Delights and Processes http://blogs.townonline.com/delight/
> Writing about Music http://jonathanfeist..berkleemusicblogs.com/
>
> -------------- next part --------------
> An HTML attachment was scrubbed...
> URL:
> <http://mailman.cs.umb.edu/mailman/private/masshistpres/attachments/20100125
> /ff53ae12/attachment-0001.htm>
>
> ------------------------------
>
> Message: 3
> Date: Mon, 25 Jan 2010 11:45:50 -0500
> From: "McClure, Veronica" <veronica_mcclure at harvard.edu>
> Subject: Re: [MassHistPres] Church sues over district creation
> To: "slater at alum.rpi.edu" <slater at alum.rpi.edu>,
> "masshistpres at cs.umb.edu" <masshistpres at cs.umb.edu>
> Message-ID:
> <9187B9397DB1B54A8E2FC83C89CBEE4A9F7C101E8E at MAIL.hks.internal>
> Content-Type: text/plain; charset="us-ascii"
>
> Does that make cross-gabled houses religious symbols?
>
> Veronica McClure
>
> ________________________________
> From: masshistpres-bounces at cs.umb.edu
> [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of slater at alum.rpi.edu
> Sent: Monday, January 25, 2010 11:31 AM
> To: masshistpres at cs.umb.edu
> Subject: Re: [MassHistPres] Church sues over district creation
>
> I have uploaded a copy of the lawsuit here:
>
> http://www.scribd.com/doc/25777752/Roman-Catholic-Diocese-lawsuit-vs-City-of
> -Springfield-re-Our-Lady-of-Hope-Historic-District
>
> One of the claims seems to be that since the church building is in the
> shape
> of a cross, regulating anything pertaining to it would be the same as
> regulating religious expression.
>
> Ralph Slate
> Springfield, MA
> -------------- next part --------------
> An HTML attachment was scrubbed...
> URL:
> <http://mailman.cs.umb.edu/mailman/private/masshistpres/attachments/20100125
> /c02bb0a3/attachment-0001.htm>
>
> ------------------------------
>
> Message: 4
> Date: Mon, 25 Jan 2010 11:51:29 -0500
> From: Brian Yates <byates at comteam.org>
> Subject: Re: [MassHistPres] Church sues over district creation
> To: Ralph Slate <slater at alum.rpi.edu>
> Cc: MassHistPres MA <masshistpres at cs.umb.edu>
> Message-ID:
> <fb80590c1001250851l4a5ded88t3697f97c71cebb03 at mail.gmail.com>
> Content-Type: text/plain; charset="iso-8859-1"
>
> If the building is no longer a church, how is the Free Exercise of
> Religion
> restricted?
>
> On Thu, Jan 21, 2010 at 7:21 PM, Ralph Slate <slater at alum.rpi.edu> wrote:
>
> > 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_spr
> i_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
> >
> > ******************************
> > For administrative questions regarding this list, please contact
> > Christopher.Skelly at state.ma.us directly. PLEASE DO NOT "REPLY" TO THE
> > WHOLE LIST.
> > MassHistPres mailing list
> > MassHistPres at cs.umb.edu
> > http://mailman.cs.umb.edu/mailman/listinfo/masshistpres
> > ********************************
> >
> -------------- next part --------------
> An HTML attachment was scrubbed....
> URL:
> <http://mailman.cs.umb.edu/mailman/private/masshistpres/attachments/20100125
> /772b5fdd/attachment-0001.htm>
>
> ------------------------------
>
> _______________________________________________
> MassHistPres mailing list
> MassHistPres at cs.umb.edu
> http://mailman.cs..umb.edu/mailman/listinfo/masshistpres
>
>
> End of MassHistPres Digest, Vol 47, Issue 20
> ********************************************
>
> ******************************
> For administrative questions regarding this list, please contact
> Christopher.Skelly at state.ma.us directly. PLEASE DO NOT "REPLY" TO THE
> WHOLE LIST.
> MassHistPres mailing list
> MassHistPres at cs.umb.edu
> http://mailman.cs.umb.edu/mailman/listinfo/masshistpres
> ********************************
>
> ------------------------------------------------------------------------
>
> ******************************
> For administrative questions regarding this list, please contact Christopher.Skelly at state.ma.us directly. PLEASE DO NOT "REPLY" TO THE WHOLE LIST.
> MassHistPres mailing list
> MassHistPres at cs.umb.edu
> http://mailman.cs.umb.edu/mailman/listinfo/masshistpres
> ********************************
>
More information about the MassHistPres
mailing list