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Court Rejects Church's Objection To Historical Designation

By Howard M. Friedman

In Roman Catholic Bishop of Springfield v. City of Springfield, 2011 U.S. Dist. LEXIS 345 (D MA, Jan. 4, 2011), a Massachusetts federal district court rejected a number of constitutional challenges as well as a challenge under RLUIPA to action declaring a closed Springfield, Massachusetts Catholic church to be a local historic district. The action subjects the church to oversight by the Historical Commission in altering physical aspects of the church building, possibly including religious iconography. The diocese argued that the process of deconsecrating the church might be impeded by this requirement. The court found that the only issue before it was whether the requirement to file an application before attempting to alter or demolish the building imposed unconstitutional or illegal conditions. The court found that it did not. If a plan is formulated and the Historical Commission rejects it, then, according to the court, further judicial consideration could be in order.

Full post as published by Religion Clause on January 07, 2011 (boomark / email).