New York's High Court Rejects Suit By Former Parishioners Challenging Church Demolition

Section 5 of New York's Religious Corporations Law calls for approval by "members" of the corporation of certain decisions by the trustees of a religious corporation on use of the organization's property. In Blaudziunas v. Egan, (NY Ct. App., Dec. 13, 2011), former parishioners who objected to the Archbishop's decision to close their church and demolish it sued to enjoin the demolition.  They claim that under Section 5, the decision to demolish the church building must be authorized by the parishioners, who they claim are "members" of the church corporation. New York's highest court disagreed, calling that argument "unavailing." The court concluded that: "Pursuant to the by-laws, parishioners are members of the ecclesiastical body — not members of a corporation. Such status does not confer upon them the rights and duties as members of the religious corporation."