A judge has ruled that a man can keep the illuminated, three-story shrine in his backyard that he says he was instructed to build by the Virgin Mary.
Officials in this rural town on the Massachusetts-New Hampshire state line ordered Noel Dube, 85, to remove the shrine in 1999, saying he didn't have the proper permits. Neighbors had complained about its size and the thousands of visitors it attracted annually.
Instead, Dube, a Roman Catholic, expanded it, adding a 30-foot painting of Jesus and a 24-foot illuminated cross to an existing 20-foot mural of Our Lady of Fatima.
Last week, Middlesex Superior Court Judge Kenneth Fishman ruled that the shrine can stay.
Dube's lawyer, Edward McCormick, argued that the shrine was protected by the First Amendment, as well as a state law that prohibits zoning ordinances from regulating or restricting structures of religious purpose, as long as the dimensions are reasonable.
Fishman ruled the structures are clearly used for religious purposes and are of reasonable size.
The town hasn't decided whether it will appeal the ruling, Town Administrator Robert Hanson said. He said the town is concerned about safety, not religion.