By Sarah Moskowitz
"These kind of things are a long process," said the church's Assistant Pastor, Father David Klampert.
Building construction is anticipated to be completed around the end of the month, but approaching the finish line has not been an easy task for the church, whose ongoing lawsuit is the result of what they feel was uncooperative efforts on behalf of the village.
The church implemented a lawsuit on the village, two village trustees, two village officials, the village's architectural review and zoning boards and Sidney B. Bowne & Son, the village's consultant engineer. They are suing for their expenditures, about $250,000, and attorney fees on the grounds that the village has violated their first amendment rights of free exercise of religion, the rights to their property. The church claims the village used bogus justifications to hinder the development of the house of worship.
"[The lawsuit] gives a signal to other communities not to trample on a church," said the church's lawyer, Mike McKenna.
Malverne's lawyer, Anthony Corleto, said the village officially made a motion to dismiss the case on July 22. The village's motion alleges the constitutional claims of the church failed to show there was any governmental interference with preventing free exercise of religion or interest in the taking of a protected property.
The village also moved to dismiss the suit against village trustees James Callahan and Joseph Hennessy, Building Superintendent Robert Solarino and village engineer Paul Barocha on the grounds of qualified immunity. This concept says individuals representing municipalities who are performing municipal duties are protected from persecution.
Malverne Mayor Anthony Panzarella said he could not discuss the matter upon attorney advisement.
"I wish I could comment because I'd give an earful, but I can't because [the case is] in litigation," said Panzarella.
McKenna said he feels the Village of Malverne targeted the Church of the Intercessor due to their religious affiliation, Charismatic Episcopal. McKenna added that there was never a question about the quality of the work performed during the renovation.
The addition to the church features a parish hall, a lobby, handicapped accessibility and new office space to accommodate those now working from locations on Broadway.
When the church first drew up their plans for an addition to accommodate more than 700 parishioners and presented it to the Village Board in 1999, the board was "vehemently opposed to it," according to McKenna, and one village trustee even requested that the church move out of the community.
Upon revising their plans and approaching the board a second time, the church was told a zoning variance would be required to build commercial property in a residential area, which they were denied. It was on the third attempt, after construction drawings had been reduced from about 5,000 square feet to around 2,200 square feet, that the church received permission from the board to build.
Although the church was initially approved for the project by the building department in September, 2000, by the time they finished presenting plans to the zoning board and architectural review board, building permits were not issued until April, 2001.
Besides presenting and modifying their building plans three times, once construction was underway the village ordered three separate stop-work orders between when building permits were issued in April, 2001 and when the church sued the village in May, 2002.
In the next few weeks the church plans to ask the village for a certificate of occupancy. Klampert anticipates the village will comply with the request.
"I don't think we'll have a problem at this point," he said.
