The Ravenna, Ohio Record-Courier last Friday reported on a decision by the Ohio 11th District Court of Appeals dismissing a suit against the Catholic Diocese of Youngstown, Immaculate Conception Parish in Ravenna and its pastor, the Rev. John-Michael Lavelle. Plaintiffs challenged the Church's decision to permit the cutting of trees in St. Mary's Cemetery in order to widen access roads, construct new buildings and prevent damage to above-ground headstones. They claimed that the tree removal violated the terms of a charitable trust of which they, as cemetery plot owners, were beneficiaries. The court, however, ruled that it lacked jurisdiction to infringe on the Church's decision regarding the use of its own property.
UPDATE: Here is the full opinion in Plough v. Lavelle, (OH 11th Dist. Ct. App., Nov. 24, 2006).
