THE SOCIETY OF JESUS OF NEW ENGLAND & another
vs.
BOSTON LANDMARKS COMMISSION (and two companion cases).
Supreme Judicial Court of Massachusetts, Suffolk.https://leagle.com/images/logo.png
November 6, 1990.
December 31, 1990.
Attorney(s) appearing for the Case
John Kenneth Felter (Paul E. Nemser with him) for Boston Landmarks Commission.
Wm. Shaw McDermott (Michael E. Malamut with him) for Boston Preservation Alliance & others.
Thomas H. Hannigan, Jr. (Edward B. Hanify & Eric A. Smith with him) for The Society of Jesus of New England & another.
The following submitted briefs for amici curiae:
Daniel D. Levenson for American Jewish Congress.
Carl H. Esbeck of Missouri, Michael J. Woodruff of Virginia, Forest D. Montgomery, Oliver S. Thomas & J. Brent Walker of the District of Columbia, & Angela C. Carmella for The Christian Legal Society & others.
Mitchel S. Ross & Barry S. Fischer for Mary Ann Jasienowski, trustee of The Theater Trust.
James M. Shannon, Attorney General, Rosanna Cavallaro & Ruth A. Bourquin, Assistant Attorneys General, for Massachusetts Historical Commission.
David A. Doheny, Andrea C. Ferster & Elizabeth S. Merritt of the District of Columbia & Claudia A. Sauermann & Joseph Glannon for National Trust for Historic Preservation in the United States & others.
Lee Boothby of Michigan, Robert W. Nixon & Walter E. Carson of Maryland & Harold Lance & Rolland Truman of California for Council on Religious Freedom & another.
John J. Egan, Eileen Z. Sorrentino, Wilson D. Rogers, Jr., John M. Griffin, Gerald D. D'Avolio & Frederic J. Torphy for Massachusetts Catholic Conference.
These cases raise the question whether the Boston Landmarks Commission (commission) may constitutionally designate elements of the interior of a church as a landmark, pursuant to St. 1975, c. 772 (landmarks statute). In a consolidated action challenging such a designation, a Superior Court judge held that the designation violated the free exercise clause of the First Amendment to the United States Constitution, and, therefore, granted summary judgment to...
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