Roman Catholic Archbishop of Boston v. Rogers, et al. (Lawyers Weekly No. 11-161-15)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 15-P-839 Appeals Court ROMAN CATHOLIC ARCHBISHOP OF BOSTON vs. JON ROGERS & others.[1] No. 15-P-839. Norfolk. July 22, 2015. – October 14, 2015. Present: Vuono, Carhart, & Blake, JJ. Religion. Church. Jurisdiction, Ecclesiastical controversy. Real Property, Trespass. Trespass. Practice, Civil, Motion to dismiss, Jury trial, Standing, Continuance, Injunctive relief. Civil action commenced in the Superior Court Department on March 10, 2015. A motion to continue was heard by Edward P. Leibensperger, J., and the case was heard by him. Mary Elizabeth Carmody for the defendants. William J. Dailey, Jr., for the plaintiff. CARHART, J. This case arises from the suppression of St. Frances X. Cabrini Church in Scituate (church).[2] The defendants are former parishioners of the church who have maintained an around-the-clock, seven-days-per-week vigil since the decree of suppression entered in October, 2004. In February, 2015, the Roman Catholic Archbishop of Boston (RCAB) notified the defendants that they must end their vigil and leave the church or face legal action. The defendants refused to leave and the RCAB instituted this action for declaratory and injunctive relief. Following a bench trial before a judge in the Superior Court, judgment entered against the defendants declaring them to be trespassers and permanently enjoining them from entering on church property. This appeal followed.[3] On appeal, the defendants argue that the judge made several erroneous pretrial rulings, including denying their motion to dismiss and declining their demand for a jury trial. They further contend that facts found by the judge in support of the trespass claim were clearly erroneous. We affirm. Background facts. We outline the relevant facts, reserving discussion of some facts for the issues raised. The RCAB is a corporation sole organized under c. 506 of the Acts of 1897. It is the record owner of the property located at 27-31 Hood Road, Scituate, on which the church stands. In May, 2004, the Archbishop of Boston, Cardinal Seán O’Malley, announced that the church would be closed as part of the RCAB’s ongoing “reconfiguration process.” He issued a decree suppressing the church on October 5, 2004, which became effective on October 29, 2004. Under the Universal Law of the Roman Catholic Church (canon law), the suppression of the church meant that the church no longer was part of a designated Roman Catholic parish. In July, […]