BOLIVAR PENINSULA, Texas — In a brief hearing Tuesday afternoon, state District Judge John Ellisor dismissed a lawsuit filed by Judy Shaw and John DaFonte against the Roman Catholic Archdiocese of Galveston-Houston, clearing the way for storm-damaged Our Mother of Mercy Church in Port Bolivar to be leveled.
On June 10, Ellisor granted Shaw and DaFonte a temporary restraining order preventing the archdiocese from demolishing the 50-year-old sanctuary. Tuesday’s decision vacated that order.
"The judge granted the archdiocese plea and dismissed the case, so they will proceed with tearing down the building as they have wanted all along," Christopher Bertini, the plaintiff’s attorney, said immediately after the hearing.
"It was a very crowded, emotional courtroom," Bertini said. "They built this building with their own hands, and the people in Bolivar have now lost something they have held near and dear to their heart."
Jenny Faber, director of communications for the archdiocese, e-mailed the following statement:
"We are grateful that the Courts have affirmed our assertion that the removal of Our Mother of Mercy church from the archdiocesan property on Bolivar Peninsula is an internal church matter."
"While we recognize the natural sadness that some may experience over the loss of this building, we also believe consolidating a number of church facilities on the island and peninsula is an essential step in building up Holy Family Parish, the new faith community established to serve Galveston and Bolivar. We believe the decisions we’ve made regarding the buildings at the former site of Our Mother of Mercy and around the Galveston region were necessary steps, taken in the best interest of Holy Family Parish."
Holy Family is the name given the new parish, which was created to incorporate all the Catholic congregations on the Bolivar Peninsula and Galveston Island.
Ellisor’s decision likely will terminate a lengthy quest by a group of Mercy’s parishioners.
Their effort began shortly after Ike’s waters receded. The group sought to first negotiate, and later litigate, to prevent the destruction of the church building. Shaw, DaFonte and others asserted commuting to Mass in Galveston would impose a hardship on the peninsula’s Catholic residents and that restoration would be more cost-effective.
Bertini said his clients retained the right to appeal Tuesday’s ruling.
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