By Jeanette DeForge
The Republican
October 29, 2011
http://www.masslive.com/news/index.ssf/2011/10/judge_rules_mater_dolorosa_pro.html
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| Mater Dolorosa Church parishioners are holding a continuous vigil in an attempt to keep the Holyoke church open. |
A superior court judge rejected a request to order the Friends of Mater Dolorosa out of the church they are trying to save by holding a non-stop prayer vigil in the building.
The Roman Catholic Diocese of Springfield filed for the preliminary, or emergency, injunction saying the protesters must leave so they can have the steeple removed because its poor condition poses a danger to people inside and outside the church.
It specifically named seven of the protesters, Victor and Shirley Anop, Peter Stasz, Halina Sulewski, Helen Domurat, and Iowna and Eva Brouch along with the Friends of Mater Dolorosa and “other John Does and Mary Roes.”
The diocese cited two engineering reports that showed the steeple could collapse at any time. Protesters hired a third engineer who examined the steeple and said it was solidly built and is safe.
In his Friday ruling, Hampden Superior Court Judge C. Jeffrey Kinder agreed with the defendants who questioned why Springfield Bishop Timothy A. McDonnell entered the church to celebrate the last Mass in June and why they have been allowed to remain in the building for months if it posed a danger.
“As of now, based on the evidence before me, I cannot conclude that condition of the steeple presents an emergency such that immediate court intervention is necessary,” Kinder ruled, after hearing evidence in a hearing two weeks ago.
Protesters announced the decision in their weekly Friday prayer gathering at the church. It was the 120th day of the church occupation, and members are committed to continue despite the heat being turned off in the church, said Victor Anop, who is a lawyer.
“We glow in the aftermath of a huge legal victory,” he said. “It was a classic case of David vs. Goliath.”
Diocesan officials, who have also asked the courts for a permanent injunction on the basis that the protesters are trespassing, are now debating if it will appeal the decision or ask for a speedy trial in its request for a permanent injunction, diocesan spokesman Mark E. Dupont said.
No date has been scheduled for the hearing on the permanent injunction. Spokesmen for both sides said it could take a year or more for it to come up in civil court.
“Clearly we were disappointed that the court failed to rule on the central issue in this matter upholding our trespassing claim. We remain as concerned as ever for the safety of those occupying the church and those in the surrounding neighborhood,” he said.
He noted Kinder did not consider whether the protesters are trespassing.
The day before the decision came down, protesters filed their counterclaim for the suit, which charges the diocese with mismanaging parishioner-donated funds, civil rights violations and inflating repair costs.
Stasz, who is a lawyer, said he was pleased the judge decided against ruling against the protesters in the preliminary hearing, but said the case is far from over.
“Everyone keeps asking questions about where did the money go. The Future of Hope campaign at Mater Dolorosa raised half a million dollars. Where did it go?” Stasz asked.
The parish is in debt an estimated $734,000 and parish members said they have not gotten a clear answer on where the debt lies, he said.
Dupont argued that the Diocese has showed parish members the accounting for the parish several times and members refuse to believe the figures are accurate.
“As far as we are concerned they opened the door by filing for the injunction. We want to go to trial and we want to depose all parties,” Stasz said.
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