click to enlarge - File: John Phelan / Creative Commons
- Cathedral of the Immaculate Conception
Updated at 5:48 p.m.
Earlier this month, a historic preservation group sued to stop the planned demolition of the former Cathedral of the Immaculate Conception in downtown Burlington. Now, the parish is countersuing that group for interfering with its plans.
Filed in U.S. District Court last week, the parish’s lawsuit claims that the group, Preservation Burlington, violated a federal law that prevents zoning from interfering with religious practices.
The suit also names the City of Burlington as a defendant, alleging that it caused permitting delays that are “risking the insolvency of the Parish.” The parish, represented by Burlington attorney John Franco, is asking for monetary damages and a court order allowing the demolition to proceed.
Built in 1977, the cathedral and its grounds were designed by well-known modernists Edward Larrabee Barnes and Daniel Kiley. It closed in 2018 after the dwindling congregation could no longer afford to maintain it, and the parish
listed the property for sale in summer 2019 for $8.5 million. It's now under contract with an undisclosed buyer.
In 2021, parish leaders sought to demolish the building as a means of deconsecrating the property. But they withdrew their request after the city determined the property is historically significant and therefore couldn’t be razed without plans to redevelop it.
The city reversed course when the parish applied for another demolition permit the following year. In a 4-2 decision in January, the Burlington Development Review Board ruled that the cathedral’s historical significance was irrelevant to its deliberations due to a state law that limits zoning review on houses of worship. The board allowed the demolition to move forward.
Preservation Burlington
swiftly sued both the parish and the city, claiming that the law in question exempts religious buildings from zoning that secular ones must comply with. The nonprofit contends that the law violates the First Amendment and cites case law which says “government preference for religion, as opposed to irreligion, is forbidden.”
The parish’s lawsuit, meanwhile, argues that the parish shouldn’t have had to apply for a demolition permit at all. The suit alleges that Burlington can only issue demolition permits for historic buildings, which are defined as those eligible for listing on historic registers and that are 50 years or older. The cathedral meets the first criterion but not the second.
The suit also notes that the Vatican had approved the demolition in an order known as a
nihil obstat.
“The Parish should, following the
nihil obstat issued by the Holy See, have been left alone by Burlington to simply proceed with deconsecration by demolition,” the suit says, arguing that requiring a permit “subjected the Parish to less than equal terms than nonreligious assemblies.”
Franco, the parish's attorney, added in an interview Tuesday, “Federal law, state law and the city ordinance all say this is a decision to be made by the church.”
It's unclear how the lawsuits will affect the timeline of the demolition.
Preservation Burlington acting president Ron Wanamaker said the group doesn't believe the parish's lawsuit has any merit.
"We look forward to working that out in court," he said.
In an emailed statement, Mayor Miro Weinberger said he stands by the development review board's decision but said he hopes the parties can find a resolution outside of court.