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Judge dismisses lawsuit over St. Agnes closure

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A Washington County judge dismissed a lawsuit brought by members of the former St. Agnes Roman Catholic Church against the Diocese of Pittsburgh stemming from the Richeyville parish’s merger with four others earlier this year.

“A review of the complaint does not support plaintiffs’ allegations,” President Judge Katherine B. Emery said in her ruling, filed Oct. 19.

St. Agnes was combined in January with Ave Maria in Bentleyville, St. Joseph in Roscoe, St. Oliver Plunkett in Fredericktown and St. Thomas Aquinas in California to form the St. Katharine Drexel congregation.

Attorneys for the six former members of St. Agnes who brought the suit in January accused the diocese and Bishop David Zubik, who issued a decree for the merger late last year, of falsely leading the members to believe their parish could be kept open. Their lawsuit contained allegations of breach of fiduciary duty, fraud, conversion and unjust enrichment, and sought damages and an injunction staying the merger.

Emery noted in her opinion that the claims in the lawsuit were based on Zubik’s and the diocese’s “alleged failure ‘to consider vital characteristics in making their decision to have St. Agnes undergo the extinctive merger.'” She went on, however, to cite language in the bishop’s decree of merger she found “explicitly discusses those concerns.”

“Assessing the validity of plaintiffs’ claims requires this court to delve into the canon law that establishes the decree of merger and to analyze whether Bishop Zubik properly considered the pastoral and financial needs of the parishes,” Emery continued. “The First Amendment and progeny of Pennsylvania cases that have examined the issue prevent this court from making that ecclesiastical inquiry.”

The plaintiffs’ attorney, Steven Toprani, said Wednesday he hadn’t received a copy of the order and opinion but would “certainly review the judge’s decision and have a conversation with our clients” about the ruling.

Toprani also represents another set of clients in a suit challenging the closure of St. Anthony Roman Catholic Church in Monongahela in April 2014 to create St. Damien of Molokai parish at the former Transfiguration church on West Main Street in Monongahela. A bid by the diocese to have that case dismissed is awaiting a decision by Emery.

The diocese’s attorneys had argued in the St. Agnes case that the plaintiffs improperly were asking the court to decide a question of canon law. The plaintiffs had countered by arguing their claims “are not challenging an ecclesiastical decision or canon law process,” according to Emery’s ruling.

But the judge went on to cite two passages in the plaintiffs’ complaint that allege Zubik and the diocese failed to provide notice of the merger as required under canon law, finding that claim “clearly requires the court to entangle itself in ecclesiastical questions” and “the plain language of plaintiffs’ own averments explicitly references canon law.”

The diocese announced Dec. 3 what plaintiffs called “the extinctive merger” of St. Agnes with the other parishes, “downgrading” it from a parochial church to the less desirable status of “ancillary worship site” that would be open for occasional worship for baptisms, weddings and funerals, but not for regular Masses. All parishioners would become members of Ave Maria, which the plaintiffs called a part of a diocesan plan to create “mega-parishes.”

St. Agnes parishioners had first met formally about the parish’s fate in February 2015. Despite the possibility of the church closing, Masses continued to be said there and contributions in the form of tithes, donations and offerings continued as a means of financial support.

Emery noted that “parishioners received regular updates during the time the team of priests were analyzing needs of the five parishes and should have been aware that a potential merger was still very much alive and could occur.”

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