The suit cites both state and federal law protecting the Constitutional right to the free exercise of religion.
One of three buildings the Catholic Diocese of Springfield plans to raze to build a new parish hall for St. Elizabeth Ann Seton Parish.NORTHAMPTON – The Roman Catholic Diocese of Springfield is suing the city and the Planning Board, maintaining that conditions the board set for a building project are onerous and violate the plaintiff’s freedom of religion.
The diocese wants to build a 14,000-square-foot parish hall at 99 King St. on the site of the former Sacred Heart Church. Last year, the Springfield Diocese closed several other churches in Northampton and consolidated them into one parish named St. Elizabeth Ann Seton at that location. In order to construct the parish hall, the diocese is demolishing three other buildings on the property, including a former rectory.
The plan came before the Planning Board for site plan approval earlier this year. In an April 26 decision, the board said that the parish must either create a connection between the parking lot and the Northampton section of the Norwottuck Rail Trail, which runs behind the property, or sacrifice one of the two curb cuts the parish had requested. The board said the conditions are based on concerns about increased traffic created by the parish hall.
In a suit filed May 16 in Hampshire Superior Court, the diocese appealed those conditions, arguing that they are costly, unreasonable and a violation of its right to use the land for religious purposes. According to the suit, creation of the bike path ramp would constitute a taking of property by the city without compensation. It also argues that none of the other landowners in the area has been required to construct such a ramp.
The suit cites both state and federal law protecting the Constitutional right to the free exercise of religion, saying that the Planning Board’s conditions would “place a substantial burden” on the plaintiff and “unreasonably limits religious expression.”
City Solicitor Elaine Reall said Wednesday she is still digesting the arguments made in the complaint but added, “I’m at a loss to how this conflicts with their religious creed.”
Reall said the city is both surprised and disappointed by the claim because it has tried to work with the diocese to address the issues.
“The Planning Board could have just denied their plans but we’ve been working with them so we could come up with something,” she said.
Mark DuPont, a spokesman for the diocese, had the opposite view, saying the city has forced the diocese’s hand.
“The parish and the diocese have gone to great lengths to work with officials in Northampton,” he said.
According to Senior Land Use Planner Carolyn Misch, the city’s liaison to the Planning Board, other businesses along King Street, including the Super Stop & Shop, have been required to create links to the bike path system. Walgreens on King Street had to construct a link to a section of trail that had not even been completed, she said. Misch also pointed out that only one curb cut is allowed by right on the property and said the Planning Board can attach conditions to its approval of a second.
The suit seeks a declaratory judgment in favor of the diocese along with legal fees and any other damages the court sees fit to assess.
Roman Catholic Diocese of Springfield lawsuit vs. Northampton