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The Union Leader, NH
Jan 13 2005
Judge allows sale of Nashua church
By SCOTT BROOKS
Union Leader Correspondent
NASHUA - A superior court judge tossed out a lawsuit that threatened
to block the proposed sale of the St. Francis Xavier Church.
In a decision released yesterday, Judge William Groff said the First
Amendment barred him from considering the suit, which was filed by a
group of former parishioners who hoped to preserve the 120-year-old
building as a Roman Catholic church. Bishop John McCormack closed the
church in March 2003 and has signed a purchase and sale agreement
that stands to convert the building into an Armenian Orthodox church.
"In order to resolve this claim, the court would clearly be required
to become entangled in church doctrine or ecclesiastical law, over
which the secular law has no authority," Groff wrote. "In such a
case, this court must give deference to the bishop's determination."
ST. FRANCIS XAVIER CHURCH
The judge's decision clears the way for the diocese to complete its
deal with Vatche Manoukian, a Hollis developer who plans to donate
the building to the Armenian Orthodox Church. The deal hinges on
whether the Armenian church leaders accept Manoukian's gift.
"As far as we know, all indications are that the leadership of the
church will authorize the acceptance of the title, and we hope that
will be completed within the next few weeks," said Ovide Lamontagne,
the diocese's attorney.
Lamontagne said the decision should bring stability to the St.
Aloysius of Gonzaga parish, which absorbed the former St. Francis
Xavier parishioners when that church closed. The diocese has said it
will donate all money from the sale of St. Francis Xavier to the
consolidated parish, in accordance with deed restrictions.
Last month, a Hillsborough County Probate Court judge ruled that the
proposed sale was consistent with the conditions in the 1885 deed,
which requires that the building forever be used only for religious
purposes.
In his decision, Groff wrote that the former parishioners, known as
the St. Francis Xavier Foundation, failed to present a sufficient
claim for declaratory relief. There is no evidence, he wrote, that
the bishop "intends to use the proceeds of the sale for any purpose
other than for the benefit of the unified parish."
Randy Wilbert, the attorney representing the former parishioners,
said Groff's ruling was understandable, although certainly
disappointing. Mostly, though, he said he is disappointed in the
diocese for taking away their church.
"The diocese has made its faithful do something no one wanted to do,
basically take action to try and preserve a church, a community, that
the diocese should have been preserving in the first place," Wilbert
said.
Wilbert said the foundation has not yet decided whether it will
contest the ruling. It is still possible for him to ask the court to
reconsider or to appeal the decision to the state Supreme Court.
"Emotionally, do you want to take people through this some more? It
takes its toll on the faithful," he said. "Some may say, 'Enough is
enough.' Others may say, 'Let's take it on further.' I don't know
yet."
Lamontagne said the ruling should make it clear that the bishop is
ultimately responsible for all decisions involving the creation or
closing of a Catholic church.
"What is important for the faithful to understand is that as painful
as it is to lose a parish through merger or unification, and
therefore to lose a building, the church's mission does not involve
historic preservation or urban renewal," Lamontagne said. "It's about
supporting the spiritual life of the people and to meet their needs
as best as possible, and sometimes at the expense of buildings or
places that no longer serve the needs of the church at any particular
time."
Jan 13 2005
Judge allows sale of Nashua church
By SCOTT BROOKS
Union Leader Correspondent
NASHUA - A superior court judge tossed out a lawsuit that threatened
to block the proposed sale of the St. Francis Xavier Church.
In a decision released yesterday, Judge William Groff said the First
Amendment barred him from considering the suit, which was filed by a
group of former parishioners who hoped to preserve the 120-year-old
building as a Roman Catholic church. Bishop John McCormack closed the
church in March 2003 and has signed a purchase and sale agreement
that stands to convert the building into an Armenian Orthodox church.
"In order to resolve this claim, the court would clearly be required
to become entangled in church doctrine or ecclesiastical law, over
which the secular law has no authority," Groff wrote. "In such a
case, this court must give deference to the bishop's determination."
ST. FRANCIS XAVIER CHURCH
The judge's decision clears the way for the diocese to complete its
deal with Vatche Manoukian, a Hollis developer who plans to donate
the building to the Armenian Orthodox Church. The deal hinges on
whether the Armenian church leaders accept Manoukian's gift.
"As far as we know, all indications are that the leadership of the
church will authorize the acceptance of the title, and we hope that
will be completed within the next few weeks," said Ovide Lamontagne,
the diocese's attorney.
Lamontagne said the decision should bring stability to the St.
Aloysius of Gonzaga parish, which absorbed the former St. Francis
Xavier parishioners when that church closed. The diocese has said it
will donate all money from the sale of St. Francis Xavier to the
consolidated parish, in accordance with deed restrictions.
Last month, a Hillsborough County Probate Court judge ruled that the
proposed sale was consistent with the conditions in the 1885 deed,
which requires that the building forever be used only for religious
purposes.
In his decision, Groff wrote that the former parishioners, known as
the St. Francis Xavier Foundation, failed to present a sufficient
claim for declaratory relief. There is no evidence, he wrote, that
the bishop "intends to use the proceeds of the sale for any purpose
other than for the benefit of the unified parish."
Randy Wilbert, the attorney representing the former parishioners,
said Groff's ruling was understandable, although certainly
disappointing. Mostly, though, he said he is disappointed in the
diocese for taking away their church.
"The diocese has made its faithful do something no one wanted to do,
basically take action to try and preserve a church, a community, that
the diocese should have been preserving in the first place," Wilbert
said.
Wilbert said the foundation has not yet decided whether it will
contest the ruling. It is still possible for him to ask the court to
reconsider or to appeal the decision to the state Supreme Court.
"Emotionally, do you want to take people through this some more? It
takes its toll on the faithful," he said. "Some may say, 'Enough is
enough.' Others may say, 'Let's take it on further.' I don't know
yet."
Lamontagne said the ruling should make it clear that the bishop is
ultimately responsible for all decisions involving the creation or
closing of a Catholic church.
"What is important for the faithful to understand is that as painful
as it is to lose a parish through merger or unification, and
therefore to lose a building, the church's mission does not involve
historic preservation or urban renewal," Lamontagne said. "It's about
supporting the spiritual life of the people and to meet their needs
as best as possible, and sometimes at the expense of buildings or
places that no longer serve the needs of the church at any particular
time."