Diocese hopes judge will put an end to lawsuits

parishioners of the former St. Agnes Parish in Richeyville and five of the former St. Anthony Parish in Monongahela.

The diocese said the mergers were necessary as the parishes faced declining populations, finances and priests.

Some St. Anthony parishioners appealed unsuccessfully to the Vatican to keep their building open after it was closed in 2014 following its merger into the new St. Damien of Molokai Parish in Monongahela.

Some parishioners from St. Agnes have a pending appeal before the Vatican following its recent merger with four other parishes into the new St. Katharine Drexel Parish, based in Bentleyville. The St. Agnes building remains open only for occasional worship.

Plaintiffs are asking the court to award financial damages, to block the St. Agnes merger and to prevent the sale of the St. Anthony building along with its sacred objects.

Attorney David Dye, representing the diocese, argued that the Vatican has the final say on the bishop’s actions. He also said the plaintiffs didn't have the right to claim, as they did in their lawsuits, they have legal standing as representatives of the congregations.

By seeking injunctions against such things as what to do with a house of worship and its sacred objects, “plaintiffs are asking the court to interfere with our most holy rituals,” Mr. Dye said. Their suits are filled with allegations that would require the judge to decide whether a bishop followed religious law correctly, he said.

But attorney Steven Toprani, representing the plaintiffs, cited a Pennsylvania Supreme Court precedent that said courts could rule on allegations that don't involve religious questions.

He alleged that Bishop Zubik “sold (parishioners) far worse than junk bonds or the Brooklyn Bridge. He sold them the false hope that they could save their parish.”

The diocese said it always made clear that it was weighing the future of these and neighboring parishes.

Mr. Dye said parishioners freely gave funds for the benefit of the parish, and that money went to the merged parish. “There was no benefit to Bishop Zubik,” he said.

The case comes as the dioceseprepares for scores of parish mergers, with some sanctuaries to be closed, under a program called On Mission for the Church Alive. The diocese says this is needed due to declining worship numbers and overstretched priests. After years of study and hundreds of meetings in parishes and elsewhere, Bishop Zubik is set to make the final decisionsnext year.

After the court hearing, plaintiffs and supporters were hopeful.

Victor Pagac of Richeyville, 66, who attended St. Agnes all his life, isn’t a plaintiff but supports those who are. “Our people have scattered everywhere,”hesaid.

One of the St. Anthony plaintiffs, Laura Magone, said for members of “the other churches about to be closed and merged, we could offer hope to them.”

The Very Rev. Thomas Kunz, episcopal vicar for canonical services with the diocese, said the diocese correctly followed church law in making difficult decisions.

“These are really good people, faithful parishioners,” Father Kunz said after the hearing. “They want to keep their churches. I love their faith.”

The aim in the On Mission process is to “build trust that what we’re trying to do is help evangelize the people andhelp build our faith.”