A Superior Court judge denied yesterday a request by parishioners at St. Albert the Great Church in Weymouth to keep the Catholic Archdiocese of Boston from selling the church or any of its assets. In refusing a preliminary injunction sought by parishioners, Judge Thomas E. Connolly rejected their argument that the church belongs to them, not the archdiocese.
"The closing of a church and parish is a matter of judgment for the Archbishop to make, which this Court may not second-guess," Connolly said in his written decision. "The parish is not a separate corporation, but is a part of the Archdiocese of Boston. . . . Saint Albert the Great's church and parish (including its real estate and its personalty [personal property]) is an unincorporated subdivision of the Archdiocese of Boston."
Parishioners had argued that the archdiocese merely acts as a trustee for the property, which belongs to them. But Connolly concluded that because of the hierarchical nature of the Catholic Church, there was little possibility of success based on the merits of their case.
The judge, a former seminarian, nonetheless noted that St. Albert's parishioners had shown that they would suffer "great irreparable harm" from the church closing.
"Basically, the role of a parish and church in a parishioner's life is far more than a simple piece of property," he wrote. "It becomes a very important part of the life of its parishioners, spiritually, intellectually and emotionally." In fact, he said, the harm caused to parishioners by closing their church is greater than any possible harm to the archdiocese if he had granted the injunction.
A spokesman for the archdiocese issued a statement calling the court decision "obviously the one for which we had hoped."
The Rev. Christopher J. Coyne said that since Connolly ruled that the plaintiffs "have no substantial possibility of success on the merits of this case," further legal action by the parishioners is unwarranted.
"In light of this, we hope to enter into conversation with the people of the former parish to end the occupation of the church," Coyne said.
After the final Mass at St. Albert's on Aug. 29, parishioners began an "eternal prayer vigil," or sit-in, now in its third week. Even though their priest, the Rev. Ron Coyne, turned over the keys to a regional vicar and left the premises on Sept. 1, parishioners have maintained a round-the-clock presence in the church and are holding daily, lay-led services.
A second suppressed church, St. Anselm in Sudbury, followed suit on Sunday; according to the archdiocese, it was considered closed yesterday.
Lawyers for St. Albert's parishioners said they hope to proceed to a full hearing.
"This is one judge making one decision on one small issue, preliminary injunction only, with which we respectfully disagree," said attorney Mary Ames. "This is not the end. This is just the beginning."
The injunction request was necessitated, she said, by the archdiocese's seizure of St. Albert's assets before the church was closed.
The archdiocese must now respond to the plaintiffs' lawsuit, and Ames said she will seek the release of archdiocesan documents, including those involving the removal of funds from St. Albert's. In August, representatives of the archdiocese came in unannounced and took control of $200,000 worth of assets from St. Albert's, including checking, money market, and other accounts.
The court decision was issued two weeks after the archdiocese officially closed the church in East Weymouth as part of a reconfiguration plan that will involve shutting 82 churches by year's end. The closings are necessary, the archdiocese says, because of dwindling attendance and collections, a shortage of priests, and decrepit properties. Although St. Albert's was a thriving parish with a budget surplus, the archdiocese said that Weymouth can no longer support five Catholic churches.
St. Albert's has also filed a canonical appeal to the Vatican, after its initial appeal to the archdiocese was denied.
Meanwhile, a spokesman for parishioners said the vigil will continue. "People are invigorated, there is very strong resolve," said Colin Riley.
Repeated requests since early summer to speak to chancery officials have been ignored, he said. "It's funny that the media have been able to find their way down here, but the archbishop and bishop haven't."