As expected, the Diocese of Springfield has filed a lawsuit against the Springfield City Council in response to the Council's decision to create a protected historic district at the recently closed Our Lady of Hope parish on Armory Street.

The lawsuit, which was filed late last week, seeks injunctive relief for what the diocese's attorney, Jack Egan, describes as "the deprivation of [the Diocese's] rights of religious freedom, freedom of speech and expression, freedom of assembly, due process and equal protection of the laws."

The Council approved the historic district in response to OLOH parishioners who are anxious to preserve the early 20th century church. The parish was one of a number selected for closure by the Diocese in response to financial pressures and the dwindling number of priests and churchgoers. The OLOH parish has now been combined with St. Mary's Church in East Springfield, creating a new parish called St. Mary Mother of Hope.

Some are now anxious about the fate of OLOH, which they worry will be sold to a developer who might dramatically alter, or even raze, the building. Residents, backed by local state Rep. Sean Curran, brought their case to the city's Historical Commission, which last fall approved the new district. That means any future changes to the building will need the OK of the commission.

A similar proposal for Immaculate Conception parish in Indian Orchard is also in process. In addition, Immaculate Conception parishioners have filed an appeal with the Vatican over the Diocese's decision to close their church.

The diocese's lawsuit contends that the creation of the historic district amounts to inappropriate government intervention in religious matters. "Though certainly reluctant, the Diocese of Springfield has undertaken this court filing ... because the city's actions are a serious threat to our ability to control church buildings, including very clear religious symbols, a control which protects our religious freedom and expression," Mark Dupont, a diocese spokesman, said in a statement.

Dupont also stressed to the Advocate that profits from sales of any of the closed parishes would not be absorbed by the diocese, but instead would stay in the local church community—in this case, the newly created St. Mary Mother of Hope—after any existing parish debts were paid off.

"[T]he diocese undertakes this matter to protect the interests of our local Catholic community in Springfield, as they, not the diocese, would eventually benefit from the disposition of unused buildings," Dupont said in his statement. "Bishop [Timothy] McDonnell had hoped it would help parishes, especially the new Mary Mother of Hope community, by providing additional scholarship funds for Catholic education. Ironically, the City Council's action could have a direct and detrimental impact on the city's very own residents."

Ralph Slate, chairman of the Springfield Historical Commission, has told the Advocate he doesn't believe the OLOH district violates religious freedoms. "Restrictions on the exterior of the building governing its appearance generally have no bearing on what happens in the interior of the building, where the religious expression occurs," he said after the Council's vote last month, adding that, because it will be deconsecrated by the Diocese, OLOH will no longer be a religious building.

While the new district received unanimous support from the City Council, at least one city official privately questioned whether the decision will stand. While councilors were eager to respond to constituents who urgently wanted the district created, the source noted, Egan is a formidable attorney whose challenge should not be taken lightly. The case, meanwhile, will set a precedent for Immaculate Conception and any other parishes that decide to follow a similar strategy.