Court ruling would oust parishioners after 11-year vigil at Scituate church

By David Harris
BostBusiness Journal
October 14, 2015

http://www.bizjournals.com/boston/news/2015/10/14/court-ruling-would-oust-parishioners-after-11-year.html

A Massachusetts Appeals Court sided with the Roman Catholic Archdiocese on Wednesday, ruling against former parishioners of a Scituate church who have maintained an around-the-clock vigil in the church ever since it was supposed to close in 2004.

The judge's decision reaffirms an earlier judgement against the parishioners from St. Frances X. Cabrini Church in Scituate, which was scheduled to close 11 years ago. The defendants in the case are former parishioners of the church who have maintained an around-the-clock, seven-days-per-week vigil.

In February 2015, the Roman Catholic Archbishop of Boston notified the parishioners that they must end their vigil and leave the church or face legal action. The parishioners refused to leave and the Archdiocese instituted this action for declaratory and injunctive relief. Following a bench trial before a judge in the Superior Court, a judge declared those parishioners "to be trespassers and permanently enjoining them from entering on church property," according to court documents.

The parishioners argued that the judge in the original ruling made several "erroneous pretrial rulings, including denying their motion to dismiss and declining their demand for a jury trial." They also "further contend that facts found by the judge in support of the trespass claim were clearly erroneous."

"While we acknowledge the defendants' heartfelt beliefs that they are entitled to remain on the premises as an exercise of their freedom of religion, the judge's conclusion that the defendants are trespassers is supported by the evidence, and "a landowner is entitled to be protected by injunction against continuing trespasses of a physical and tangible nature," the ruling stated.

Archdiocese spokesman Terrence C. Donilon said in a statement that parishioners should wrap up their vigil.

“We appreciate the court having taken the time to review this matter and issue its ruling," the statement read. "We ask the Friends of St. Frances to respect that decision and conclude the vigil. The parishes of the Archdiocese welcome and invite those involved with the vigil to participate and join in the fullness of parish life.”

Jon Rogers, one of the organizers of the vigil, also did not immediately return a message seeking comment.