Parishioners take their case to higher court

By KRISTIE LINDEN
klinden@yourmvi.com
The lawyer for St. Anthony’s and St. Agnes’ parishioners argued Monday in Commonwealth Court that their lawsuits were improperly dismissed before the discovery phase of the cases, cutting off their opportunity to prove their allegations.
The parishioners filed lawsuits in early 2017 against the Catholic Diocese of Pittsburgh and Bishop David Zubik alleging fraud, conversion (improper solicitation of money), unjust enrichment and breaching its fiduciary duty to the congregations and their members. Arguments were heard in county court in September 2017 and the diocese asked Washington County President Judge Katherine Emery to dismiss the cases. The diocese argued that the court had no jurisdiction because it would have to determine if Zubik followed the Code of Canon Law. In November, Emery dismissed the lawsuits.
Michael Hammond, the attorney representing both groups of parishioners, argued Monday that the court has the authority to intervene civilly in matters of the church if common law is violated. Hammond further argued the case was dismissed before the discovery phase, which he believes could prove common law was violated.
Senior Judge Bonnie Leadbetter said the combining of parishes is “clearly an ecclesiastical decision.”