By Jason Scheer
In 1998, the Church of the Intercessor submitted plans to the village for a 5,700-square-foot expansion in order to enlarge its sanctuary and build administrative offices. The plan was denied. Subsequent plans were also turned down.
Following an architectural review board meeting on March 16, 2000, the church filed a lawsuit against the village. At the meeting, the board declined to approve or deny the church's plans and simply elected to adjourn.
The case eventually reached U.S. District Court. On Jan. 5, 2005, the court denied the church's request for a summary judgment and granted the village's motion to dismiss the case.
The case did not end there, however. The church is appealing the decision, and the court will again hear the case later this year.
The Rev. David Klampert is the dean and associate pastor of the church. He said that the church was not treated fairly by the village. "We do not feel we were handled properly or treated properly," he said.
In the suit, the church alleges that it was harassed by the village, that its First Amendment rights were violated and that it was the victim of a "negligent and tortuous course of conduct ... which has caused the Church to incur substantial and unnecessary costs and expenses."
Of the four individuals named in the case - Building Department head Robert Solarino, Paul Barroca, trustees Joseph Hennessy and James Callahan - only Hennessy returned calls seeking comment. He said that while he was "very happy with the recent ruling" to dismiss the case, he couldn't comment further because of the appeal.
In spite of the lawsuit, the church did go ahead with some expansions, albeit on a smaller scale than originally intended. The church had planned to build new Sunday school rooms, more office space and a new parking lot. The small extension that was completed included small offices, Sunday school space and a larger lobby.
One of the reasons expansion plans were drawn up in the first place was because the congregation was growing beyond the building's capacity. Klampert said the extension has done little to solve the problem. "No, not at all," he said when asked if the situation has gotten any better. "We've already outgrown it."
Klampert added that he empathized with the proceedings of the Our Lady of Lourdes Church. "I'm sad that happened, and I hope it's not because [the village] felt they needed to treat them as poorly as they treated us," he said.
Malverne Mayor Anthony Panzarella said that, at the end of this long ordeal, Malverne will "be completely exonerated and the village, from day one, was only enforcing the codes that are on the books, which by law it is supposed to do."
Panzarella also said that the decision of the church to appeal the decision came as a surprise. "The judge was clear that the church has no case," he said.
Harriet Mediate is a member of the church. She said it is clear the church wasn't treated fairly by the village. "Our church has really been persecuted by the board of Malverne," she said.
Mediate added that the church is an asset to the community and should be more accepted by the local administration. "I think the people that come here are the genuine people of God," she said. "I don't feel we've done anything but improve on the neighborhood."
Comments about this story? Mal-wheditor@liherald.com or (516) 569-4000 ext. 240.
