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  Mater Dolorosa Church Protesters File Counterclaim Lawsuit against Catholic Diocese of Springfield Charging Civil Rights Violations, Mismanagement of Funds

By Robert Rizzuto
The Republican
October 28, 2011

http://www.masslive.com/news/index.ssf/2011/10/friends_of_closed_mater_doloro.html

In this June 26 staff photo by David Molnar, a sun halo or nimbus, an optical phenomenon caused by ice crystals, in the appeared in the sky above the steeple of Mater Dolorosa church. Attorney Victor Anop, spokesman for the Friends of Mater Dolorosa, said some parishioners have seen the cloud on the right as resembling a religious figure and taken it as a sign that their occupation to save the church is just in the eyes of God.

This story was updated at 8:00 a.m. with additional comments from Mark E. Dupont, spokesman for the diocese.

HOLYOKE - In response to the civil suit recently filed by the Roman Catholic Diocese of Springfield in Hampden Superior Court to force the occupying parishioners of the closed Mater Dolorosa Church to leave, the Roman Catholic Bishop Timothy A. McDonnell has become the defendant in a counterclaim filed by the group this week.

Attorney Victor Anop, a spokesman for the Friends of Mater Dolorosa who have been holding vigil inside the closed church for the past three months, said the church forced the group's hand to do so.

"Why would Bishop McDonnell authorize a suit to restrain paid parishioners from praying in a Catholic Church built and paid for by their ancestors and families?" Anop said. "We never wanted it to come to this but we want to continue our peaceful prayer vigil without threats, intimidation, and coercion against our people."

In the counterclaim filed by Anop and the group of parishioners, which can be viewed in its entirety below, the Catholic Diocese of Springfield is charged with mismanagement of parishioner-donated funds, civil rights violations through the intimidation of elderly parishioners holding vigil at the closed church and inflating the estimated repair costs to the disputed steeple, among other accusations.

Mark E. Dupont, spokesman for the diocese, said the church rejects and denies Anop's claims.

10.19.2011- (Republican Photo/ Greg Saulmon) This photo taken from Lyman Street in Holyoke shows attorney Victor Anop, right, and others are seen inside the Mater Dolorosa Church on Oct. 19 around 11:15 p.m.

"It is clear through these actions that the individuals involved in this unauthorized occupation of Mater Dolorosa Church have reached a point where they are now willing to cast unfounded accusations, a further waste of time and resources," Dupont said. "It is important to note this group does not represent anything close to a majority of the former parishioners."

The saga that has unfolded over the past 120 days began when the diocese announced plans to close the historic Mater Dolorosa Church on Lyman Street in Holyoke. The June 20 mass was supposed to close the chapter on the building and its parishioners were set to merge with Holy Cross on Sycamore Street to form a new parish, Our Lady of the Cross.

That parish did form and is up and running, but between 100 and 140 parishioners remain inside the closed Mater Dolorosa Church holding vigil as the diocese and its parishioners have reached an impasse.

The Roman Catholic Diocese of Springfield contends that the decision to close the building was based on declining attendance, financial considerations and safety concerns, regarding the building's steeple.

Lawyer Victor Anop speaks during a hearing in Hampden Superior Court Oct. 12 on a request by the Roman Catholic Diocese of Springfield for an injunction ordering parishioners of the closed Mater Dolorosa Church in Holyoke to vacate the building.

The Friends of Mater Dolorosa appealed unsuccessfully to the Vatican in Rome, but have since filed an additional appeal to the highest authority in the Catholic Church.

The group has since offered to buy the building and recently held a fundraiser that drew more than 600 people according to Anop.

Regarding the structural soundness of the building, both sides have presented conflicting reports from area engineering firms and the diocese recently leveraged their two reports to seek an injunction forcing the parishioners to leave Mater Dolorosa by police force, should the court rule in their favor.

The decision to seek the injunction for the removal of the parishioners was based on their safety, Dupont said previously. But when argued in court on Oct. 12, Judge C. Jeffrey Kinder said he didn't believe the danger was so imminent that he had to rush a response.

"Both Church law, and as we have submitted recently to the courts, we believe Massachusetts law,support the right of the Bishop to take these necessary actions," Dupont said. "This decision to combine the two parishes was backed-up by years of careful analysis and review."

Anop said Friday that the heat in the building is turned off and elderly parishioners staying inside the church are trying to stay warm with layers of coats and blankets. Despite the cold, he said, they will remain inside the church.

Dupont previously said that the church holds regret for things devolving to the point of lawsuits, but he maintained its official position that the parishioners inside the church, which was built in 1895, are there illegally and need to leave.

He reiterated that sentiment Friday while holding firm to the church's stance on the situation.

"We take this opportunity to again ask our brothers and sisters to prayerfully accept these most difficult decisions which have been upheld by the Vatican, and rejoin their fellow parishioners and end, once and for all, these divisive actions," Dupont said. "Prayer vigils should not be about demanding that we get our way from God, but recognizing the realities we live in with God's grace and not with illegal actions."

 
 

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