Appellate court rules against Catholic Church proposed for Old Mandeville
Final rendering of the planned Our Lady of the Lake Roman Catholic Church in Mandeville. Delivered July 19, 2011 (Our Lady of the Lake Church)
The First Circuit Court of Appeal has upheld a lower court ruling that essentially blocked construction of a Catholic Church in Old Mandeville. The ruling, issued Monday, affirms a decision by the 22nd Judicial District Court that the Mandeville Zoning Commission was within its rights when it denied Our Lady of the Lake Church's application to build a new house of worship in the city's historic district.
The appellate court ruling marks a milestone in the long, contentious legal battle over OLL's effort to build a $13 million, 16,715-square-foot church across Lafitte Street from its existing chapel, which church supporters say is too small to accommodate the large congregation. Opponents have suggested that the large church would not fit into the neighborhood.
While opponents of the controversial church construction project said they were pleased with the ruling, it was unclear late Monday what lies ahead for the project that has stirred emotions in the community since it was first unveiled in the spring of 2010.
Attorneys for OLL referred inquiries about the decision to the Archdiocese of New Orleans. Archdiocese spokesperson Sarah McDonald said Archbishop Gregory Aymond was out of town and unavailable for comment Monday.
David Pons, a longtime Old Mandeville resident who was among the most outspoken critics of the new church, said he hopes court's latest decision will end the saga.
"We always tried to make it about how this would affect the little community of Old Mandeville,'' Pons said. "It was never about the Catholic church or Catholicism. It was about the development - traffic, parking, water displacement, flooding. This is a very sensitive, little community. And this was just too much for this sensitive community.''
Mandeville City Councilman Ernest Burguieres, who represents the Old Mandeville community and has consistently supported the decision that blocked construction of the church, said it's now up to the Archdiocese to determine if it wants the appeal court to reconsider the issue or if it wants to seek an appeal before the state Supreme Court. Burguieres also hopes Monday's ruling will bring an end to the legal battle that has divided the community.
"I hope this will put an end to the acrimony," said Burguieres, a lawyer. "It's time for people to put this issue to rest. ''
Pons said he doesn't think the church will pursue the issue further in the courts.
"I'm encouraged by this decision. I'm glad it's over with.''
Plans for the new church became a divisive issue immediately after being announced in 2010 by former OLL Pastor John Talamo. Opponents fear the new Gothic Revival-style church would create drainage, traffic and parking problems in the lakefront community and would not fit in with surrounding buildings. Supporters said the existing 465-seat church can't accommodate the congregation, which church officials say is one of the largest in the Archdiocese of New Orleans. For some Masses, OLL uses a multipurpose building that houses a gymnasium to accommodate overflow crowds.
After a series of contentious public hearings, the Zoning Board in October 2011 denied the church's request for a special permit to build its new place of worship, saying it failed to meet minimum parking requirements outlined in the comprehensive zoning code. On Nov. 4, 2011, OLL appealed the board's decision, and in April of 2012 argued before state District Judge Will Crain that the church project was in step with all city zoning ordinances and that the board did not have the discretion to deny the permit. Crain took the matter under advisement before ruling in favor of the city's zoning board in October of 2012. That decision set the stage for the church's decision to file an appeal with the First Circuit.
In late 2012, the church submitted new plans to the city that kept the same basic design for the sanctuary, but reduced seating from 1,028 to 850-900. But city officials, upon the advice of legal counsel, refused to accept the plans because of the pending appeal.
The appellate court ruling marks a milestone in the long, contentious legal battle over OLL's effort to build a $13 million, 16,715-square-foot church across Lafitte Street from its existing chapel, which church supporters say is too small to accommodate the large congregation. Opponents have suggested that the large church would not fit into the neighborhood.
While opponents of the controversial church construction project said they were pleased with the ruling, it was unclear late Monday what lies ahead for the project that has stirred emotions in the community since it was first unveiled in the spring of 2010.
Attorneys for OLL referred inquiries about the decision to the Archdiocese of New Orleans. Archdiocese spokesperson Sarah McDonald said Archbishop Gregory Aymond was out of town and unavailable for comment Monday.
David Pons, a longtime Old Mandeville resident who was among the most outspoken critics of the new church, said he hopes court's latest decision will end the saga.
"We always tried to make it about how this would affect the little community of Old Mandeville,'' Pons said. "It was never about the Catholic church or Catholicism. It was about the development - traffic, parking, water displacement, flooding. This is a very sensitive, little community. And this was just too much for this sensitive community.''
Mandeville City Councilman Ernest Burguieres, who represents the Old Mandeville community and has consistently supported the decision that blocked construction of the church, said it's now up to the Archdiocese to determine if it wants the appeal court to reconsider the issue or if it wants to seek an appeal before the state Supreme Court. Burguieres also hopes Monday's ruling will bring an end to the legal battle that has divided the community.
"I hope this will put an end to the acrimony," said Burguieres, a lawyer. "It's time for people to put this issue to rest. ''
Pons said he doesn't think the church will pursue the issue further in the courts.
"I'm encouraged by this decision. I'm glad it's over with.''
Plans for the new church became a divisive issue immediately after being announced in 2010 by former OLL Pastor John Talamo. Opponents fear the new Gothic Revival-style church would create drainage, traffic and parking problems in the lakefront community and would not fit in with surrounding buildings. Supporters said the existing 465-seat church can't accommodate the congregation, which church officials say is one of the largest in the Archdiocese of New Orleans. For some Masses, OLL uses a multipurpose building that houses a gymnasium to accommodate overflow crowds.
After a series of contentious public hearings, the Zoning Board in October 2011 denied the church's request for a special permit to build its new place of worship, saying it failed to meet minimum parking requirements outlined in the comprehensive zoning code. On Nov. 4, 2011, OLL appealed the board's decision, and in April of 2012 argued before state District Judge Will Crain that the church project was in step with all city zoning ordinances and that the board did not have the discretion to deny the permit. Crain took the matter under advisement before ruling in favor of the city's zoning board in October of 2012. That decision set the stage for the church's decision to file an appeal with the First Circuit.
In late 2012, the church submitted new plans to the city that kept the same basic design for the sanctuary, but reduced seating from 1,028 to 850-900. But city officials, upon the advice of legal counsel, refused to accept the plans because of the pending appeal.
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