Neighboring Church continues their fight

Mandeville Catholic church seeks new trial in legal struggle with city

By Kim Chatelain, NOLA.com | The Times-PicayuneThe Times-Picayune
on October 23, 2012

Our Lady of the Lake Catholic Church has filed a motion for a new trial in its lengthy legal battle with the city over construction of new place of worship in old Mandeville. The motion stems from a ruling earlier this month by state District Judge William Crain that essentially upheld the Mandeville Zoning Board's denial of the church's request for a permit to build a $13 million sanctuary across Lafitte Street from the existing OLL chapel. It seeks a new trial or reconsideration of Crain's ruling.
In the motion, attorneys for OLL argue that the court's Oct. 10 judgment upholds the zoning board's "quasi-judicial" denial of a permit to build the church on the basis that the project did not meet minimum parking requirements. While it denied the permit, the motion states the Zoning Board "never determined that OLL's application showed insufficient parking...."
Because the board's decision is "quasi-judicial," the court's "review of it is limited to a determination of whether the decision is supported by record evidence. The court went beyond its review authority and "supplied a new reason to deny OLL's permit - one that was not part of the record and therefore not properly before this court."
The motion "respectfully requests that the court grant a new trial, or in the alternative reconsideration of its ruling, because the court's judgment is contrary to the law and not supported by the evidence before it."
Lloyd "Sonnny" Shields, an attorney for the Zoning Board, said he is confident in the board's position.
"It's simple," he said. "The matter was fully, thoroughly and completely examined and explained by the board during three lengthy public hearings."
OLL attorneys referred questions on the motion to the Archdiocese of New Orleans. Sarah McDonald, spokesperson for the archdiocese, said the motion filed Monday is a step in the legal process. "The parish (OLL) is continuing to explore the options and this motion is part of that process," she said.
The archdiocese and Archbishop Gregory Aymond support OLL in its efforts to build "a church that can accommodate its parishioners."
The church project has been a lightning rod of controversy in the old Mandeville community. Opponents fear the new, 16,715-square-foot Gothic Revival church would cause drainage, traffic and parking problems in the lakefront community and would not fit in with surrounding buildings. Supporters said the existing 465-seat church is way too small to accommodate crowds that attend popular weekend Masses and for some school functions. For some Masses, OLL is forced to use a multi-purpose building that houses a gymnasium, where those church goers who are able to do so kneel on the basketball court while praying. The proposed new church would have 1,028 seats.
Our Lady of the Lake, located three blocks from Lake Pontchartrain, is the largest Catholic parish in the local archdiocese, with nearly 3,000 registered families in the congregation. The church has been part of the lakefront community for 160 years. An adjoining Catholic School is also part of the Lafitte Street campus.
The proposal to build a new church ignited controversy immediately after the Rev. John Talamo unveiled it to parishioners at Easter Masses in 2010. Critics attended public hearings and launched a website to counter the project, which became in an issue in several Mandeville City Council elections in the spring of 2011.
Mandeville City Councilman Ernest Burguieres, whose district includes old Mandeville, said he's surprised that the church will continue to push for the project, which has divided the community. "I'm disappointed that the festering wound will fester some more," he said.