Legal Opinion · Dissent

Committee to Save St. Brigid's Inc. v. Egan

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 2007Published

1DissentKavanagh, J.

For the following reasons, it is my view that plaintiffs’ motion for a preliminary injunction should be granted and their complaint reinstated.

This appeal presents the question of whether the parishioners of an incorporated Roman Catholic church in lower Manhattan have any rights in a property dispute with Cardinal Egan, the Archbishop of New York. In this case, the alleged motive of the Cardinal and the Archdiocese for seeking to demolish St. Brigid, one of the oldest Roman Catholic churches in the City, is to develop residential apartments on the site whereby the benefits from the property…

2Cases cited11 opinions

  1. Serbian Eastern Orthodox Diocese for United States and Canada v. MilivojevichSupreme Court of the United States · 1976
  2. Jones v. WolfSupreme Court of the United States · 1979
  3. Kedroff v. Saint Nicholas Cathedral of the Russian Orthodox Church in North AmericaSupreme Court of the United States · 1952
  4. People's Bank v. St. Anthony's Roman Catholic ChurchNew York Court of Appeals · 1888
  5. Robertson v. . BullionsNew York Court of Appeals · 1854

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