BishopAccountability.org
	Kansas Parish Seeks Help to Continue Fight By Sandra Whitta Fostoria Review Times April 22, 2008 http://www.reviewtimes.com/News/backissues/2008/Apr/ar_news_041908.asp#story4 The continuation of a Catholic parish's fight to keep its church will depend on the charity of others. Parishioners of the former St. James Parish in Kansas are looking for funding to take their legal battle with the Catholic Diocese of Toledo to the Third District Court of Appeals. A 10-day fundraiser to raise $50,000 for legal fees will go through Tuesday. After a ruling from Seneca County Common Pleas Court Judge Michael Kelbley that ruled in favor of the diocese, the parishioners are looking to appeal. "They took up the effort not just to protect their own parish," parishioner Steve Johnson said, noting this is a chance for others affected by closed parishes to take ownership of the case, which could set a precedent. In the lawsuit filed in June 2006, the St. James parishioners argue the church, its contents and the land the building sits on are the parishioners' property. Up to now, the parishioners have shouldered the financial burden of the case, which is about $80,000. Currently, $7,200 in pledges have been made to the cause. "We have had pledges come in from 10 different states. People have been very supportive," Johnson said. Parishioners haven't been allowed in the church since March 6, 2006, when Bishop Leonard Blair ordered the doors to be padlocked. The parish closed in July 2005 as part of a larger restructuring effort, which eventually led to the closing of 16 other parishes in northwest Ohio. One of the reasons for the closings, the diocese said, was a lack of priests to hold Masses. In the lawsuit, the parishioners claim they are beneficiaries and therefore have equitable title. The diocese argued the parish as an entity owned the property and not the parishioners. As it is undisputed the title of the parish is in Blair's name, in his judgment entry, Kelbley states the plaintiffs have no claim to the property of the former parish. "The parishioners had no title in parish property. Where a church is part of a hierarchical religious organization, such as the Roman Catholic Church, the ecclesiastical organization has the power to determine, among other things, membership and organization of the church," Kelbley wrote in the entry. Kelbley states the diocese can disburse the real property of the parish as it feels fit. Real property includes the land, anything attached to the land, any buildings on the land and any fixtures in the buildings. Parishioners' personal property inside the church when the building was locked would be theirs to claim. The parishioners and the diocese have until April 30 to resolve the issue of the parishioners' personal property, according to court records. "That should be resolved soon," Johnson said, adding both sides are working toward a resolution. Although disappointed by the decision, Johnson said it doesn't change parishioners' feelings about the issue. "The parishioners has always felt very strongly they owned the parish. This decision doesn't change that," he said. This sense of belonging stems from the parishioners' ancestors who helped build the church, which was established in 1889 as a mission church. "The way the diocese would like to manage these things is not in the spirit in which they were built and donated to the church," Johnson said. A message left with the diocese attorney, Thomas Pletz, wasn't returned by press time. The appeal to the case has yet to be filed, but will be done soon if the parishioners decide to go forward with it. That decision will depend largely upon how much funding is pledged, Johnson said. Anyone interested in donating to the St. James parishioners' cause should fill out a form on their Web site at http://www.stjameskansas.org by Tuesday. Contact staff writer Sandra Whitta at: sandrawhitta@reviewtimes.com
Any original material on these pages is copyright © BishopAccountability.org 2004. Reproduce freely with attribution.