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Location DB >
United States >
Pennsylvania >
Shenandoah >
St. George Catholic church
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St. George Catholic church
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created by NotLost
on 10/4/2011 11:53 AM
last modified by NotLost
on 10/4/2011 4:08 PM
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Publically Viewable |
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This location has been labeled as Demolished, and therefore can be viewed by anyone.
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An effort to use the courts to stop the demolition of St. George Roman Catholic Church in Shenandoah has failed.
James E. Setcavage, Dorothy A. Setcavage, Cindy Tancredi and Diane Drogalis filed a petition Sept. 23 to try to stop the church's destruction. On Tuesday, County Judge Cyrus Palmer Dolbin ruled they have no property interest in the church and no right to interfere with the Diocese of Allentown's plan to raze it.
"I am deciding this case based on the law, not on sympathy," Dolbin told about 40 people at the hearing. "We cannot interfere."
Since the parishioners have no property interest in the church, the quartet lacked standing - the legal right to bring the lawsuit - to sue the diocese, Dolbin ruled.
Many of those in the courtroom attended services at St. George, the oldest Lithuanian parish in the United States, and they disliked Dolbin's decision.
"My heart is broken," said Delmy McGauley, Shenandoah, a St. George parishioner. "It's not fair. It's not right. They should leave the building as a museum."
Church officials have said the St. George building, constructed in 1891, is unsafe and must be torn down. Crews have already begun demolition work.
Church leaders closed the church May 14, 2006. Since then, the congregation has been worshipping at Annunciation BVM Roman Catholic Church, Shenandoah.
State law "unequivocally" gives the diocese and its bishop, not parishioners, ownership of all churches within its borders, and courts should not meddle in internal church affairs, Dolbin said in announcing his ruling from the bench. For him to interfere in those affairs would violate the U.S. Constitution, Dolbin said.
"This court is a civil court, not an ecclesiastical court," he said. "This court would become an overseer, a real-estate manager. We are constitutionally forbidden to do this."
Before Dolbin rendered his decision, he heard two hours of testimony from St. George supporters who detailed thousands of dollars in gifts they said they had made for renovations to the church - renovations they said never were done.
"The money was kept in what we called the Renovation Fund," Dorothy Setcavage, 67, of Weston Place, who served as church secretary for more than 14 years until retiring in 2004, testified. "We were told that if we wanted to donate, we were certainly welcome."
"Was this specifically designated for the restoration of the church?" Paul G. Domalakes, Frackville, lawyer for the parishioners, asked her.
"Yes, it was," she said.
Under cross-examination by Joseph F. Leeson, Bethlehem - lawyer for the diocese, the bishop, the Most Rev. John O. Barres, and the parish priest, Monsignor Bernard A. Flanagan - Dorothy Setcavage said all donations were voluntary.
Leah Gazinsky, 45, of Shenandoah, Dorothy Setcavage's successor as church secretary, said special collections for renovation work continue to this day.
Domalakes argued that the appeals for money should be important considerations.
"This is a case where money not only has been donated voluntarily, but has been solicited," he said. "The defendants have created an expectation."
However, Dolbin accepted Leeson's argument that there was no contractual promise by church officials to keep the church open, and that both statutory and case law bar precisely the type of lawsuit brought by the parishioners.
"There really is very little to the argument," Leeson said.
While Dolbin expressed sympathy for the parishioners, he said to allow that to affect his decision would violate his oath of office.
"We cannot base our authority to act ... on those emotions of passion and love," Dolbin said. "The complaint is dismissed."
Helene Shaulis, a former parishioner who traveled from her home in Somerville, N.J., to attend the hearing, was disappointed.
"It's a very sad day," she said. "We must continue the fight."
Parishioner Charles Vascavage, Shenandoah, brought photographs he says contradict church officials' assertions that the building is unsafe.
"They're breaking their own canon law," he said. "It's falling down? I don't think so."
Matthew T. Kerr, diocesan director of communications, said the building is unsafe.
"There are no winners here. What's being done here is necessary for the safety of the people near the church," he said.
He said any donations made for renovation work will be used at Annunciation BVM, and that relics from St. George are being stored in Schuylkill County. Diocesan officials have made no decision on what will be done with those relics, Kerr said.
Leeson declined to comment on the case after Dolbin made his ruling.
Domalakes said he would discuss the possibility of an appeal with his clients, but time was a problem because of the pace of demolition work. He also did not like Dolbin's decision.
"I'm extremely disappointed, obviously," Domalakes said. "We made the point over and over again that St. George is a unique place historically and architecturally, and its parishioners spent their time, talent and treasure to preserve it. It is unfortunate that neither the diocese nor the court saw fit to permit a dialogue on how to preserve this unique entity."
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Type: Building
Status: Demolished
Accessibility: Easy
Recommendation: forget it
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Address
S Jardin & W Cherry
Shenandoah, Pennsylvania
United States
Owner:
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The Lithuanian Catholic Church, St. George, was constructed by Lithuanian parishioners in 1891. It is the oldest Lithuanian Church in the United States.
An effort to use the courts to stop the demolition of St. George Roman Catholic Church in Shenandoah has failed.
For over 200 years this Catholic Church was maintained by Lithuanians and their descendants. Yet, because the Church was handed over to the Dioceses to be consecrated 200 years ago, the Lithuanians have no say and the courts have no jurisdiction and the Dioceses does not care. Morally the Church belongs to the Lithuanian Community.
It was the Dioceses of Allentown action that demolished the church.
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The moderator rating is a neutral rating of the content quality, photography, and coolness of this location.
This location has not yet been rated by a moderator.
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This location's validation is current. It was last validated by
Opheliaism on 10/4/2011 7:10 PM.
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on Oct 4 11 at 19:10, Opheliaism validated this location
on Oct 4 11 at 16:13, NotLost made this location available
on Oct 4 11 at 16:12, NotLost updated a story
on Oct 4 11 at 16:12, NotLost updated a story
on Oct 4 11 at 16:12, NotLost created a new story
on Oct 4 11 at 16:08, NotLost changed the following: Web Links
on Oct 4 11 at 12:00, NotLost added some pictures to a gallery
on Oct 4 11 at 11:57, NotLost created a new gallery
on Oct 4 11 at 11:57, NotLost updated the main picture
on Oct 4 11 at 11:56, NotLost changed the following: Display Name, Notes for Mods, Type, Street Address, City, Province / State (please use full name), Country, Publically Viewable, History, Status, Accessibility, Interesting Features, Recommendation, Media Coverage, Future Plans, Description, Web Links
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