A lawsuit filed by the Archdiocese of NY seeking to overturn the decision by the Yonkers City Council last year to Landmark St. Mary’s Church on South Broadway is before State Supreme Court Judge Anne Minihan in Westchester County. The suit was filed last November, but has not yet been reported by the media. Built in 1948, St. Mary’s is the oldest Roman Catholic Church in Yonkers.
Also filing suit against landmark status is “Church of the Immaculate Conception,” the parish corporation. Each parish of the archdiocese is also a corporation. Corporate boards consist of the Ordinary, currently Cardinal Dolan, the Vicar General, the parish Pastor and two lay trustees appointed by the Pastor. These corporations are refered to as “the parish” in public statements and legal documents. This usage can lead the public to assume, incorrectly, that decisions about real property are made by parishioners.
The Yonkers City Council and the Landmarks Preservation Board are also defendants in the suit. The
archdiocese is represented by attorneys Jacob E. Amir, David S. Steinmetz andAaron Nathaniel Warner.
The City of Yonkers is represented by the firm of Abrams Fensterman, LLP.
The uncertain future of St. Mary’s church began on December 9, 2023 when Cardinal Dolan visited to
celebrate Mass in honor of the church’s 175th anaiversary. The parishioners’ joy was short lived when a
January 17, 2024 town hall meeting was held to inform the parishioners that $10 million worth of work is
necessary to assure the safety of the structure and that closing the church is being considered.
St. Mary’s parish was merged with the parish of St. Denis/St. Peter by an archdiocesan decree issued on
May 31, 2024. Under this decree St. Peter’s is the parish church of the merged parish. Sunday Masses at
St. Mary’s, were reduced from five to one English/Spanish Mass on Sunday. A canonical appeal of the
merger was submitted to Cardinal Dolan and denied. It was then sent to the Dicastery for the Clergy in
Rome where it is being reviewed.
The one positive turn of events for the parishioners occurred on July 16th when the City Council of Yonkers unanimously approved landmark status. While it did not restore St. Mary’s as a parish it offered
hope for the future, as the building would continue to stand.
Available documents indicate that the archdiocese is challenging the landmark resolution on procedural
and First Amendment grounds. The Constitutional argument alleges that landmarking the interior restricts
the practice of religion.
The current suit foilows an early request by the archdiocese to have the landmark resolution disapproved
by the mayor and a later request that the City Council convene, revisit and rescind it. These letters are
among the case exhibits.
Notice of Petition is scheduled for February 14,2024. The Judge is the Hon. Anne E. Minihan.
A group, Friends of St. Mary’s stmarysfriendsorg.com, is trying to raise funds and awareness to save the history church. Some former Parishioners have come forward to offer their expertise in construction and have proposed cutting the $10 Million price tag into different parts as a way to save the church.
City Council President Lakisha Collins-Bellamy told Yonkerstimes.com “As the sponsor of that legislation (Landmarking) I firmly stand with the members of the community and congregation in our efforts to ask the archdiocese to reconsider their position. The church is one of the oldest in NYS, and has a rich tradition and significance to the residents of Yonkers.”
We will review the court documents and provide more information in the days to come.
