Suits argue churches owned by parishioners

BROOKLINE -- Arguing that the Catholic parishes of Greater Boston belong to the parishioners and not to the Catholic Archdiocese of Boston, critics of the parish closings said yesterday that they are turning to the judicial system for help after failing to persuade church officials to abandon their plan to shutter scores of local churches.

The Council of Parishes, an umbrella organization representing some worshipers at 15 parishes, said that its members have already filed lawsuits challenging the closings of St. Jeremiah in Framingham, St. James the Great in Wellesley, and St. Albert the Great in Weymouth and that they expect a fourth lawsuit to be filed shortly challenging the closing of St. Frances Xavier Cabrini in Scituate.

And, they said, they plan to collect signatures on a petition asking Attorney General Thomas F. Reilly to investigate whether the archdiocese misused money contributed to biannual collections to benefit retired priests. The archdiocese recently told priests that it made no contributions to the clergy pension fund between 1986 and 2002, despite a twice-a-year special collection that some parishioners understood was to benefit retired priests.

''Their entire reconfiguration process is flawed; it should be stopped and in many instances should be reversed," said Peter Borre, a cochairman of the Council of Parishes, speaking at a press conference at Infant Jesus-St. Lawrence Church in Brookline. The parish is one of 62 closed by the archdiocese since last summer and one of eight occupied by parishioners resisting the closings. Borre predicted that six more parishes will stage vigils before the closing process ends.

The press conference was scheduled as parishioners prepare to mark the one-year anniversary of Archbishop Sean P. O'Malley's announcement, last May 25, that he planned to close 65 parishes. He later expanded that number to 83 and then, after changing his mind on several decisions, dropped the number to 79.

O'Malley's spokesman, Terrence C. Donilon, said yesterday that the archdiocese had used the money collected for priests -- funds he estimated at an average of $5 million annually over 16 years, or $80 million -- for the purposes for which it was raised. He said parishioners, asked to contribute at Easter and Christmas, were told the money would be used ''for the benefit of the clergy, and in particular their medical and retirement needs."

''The archdiocese takes up special collections for many purposes, including support for our clergy," Donilon said. ''Each one of those collections is remitted exactly as the archdiocese represents it will be. Both the Archdiocese of Boston and the clergy funds are audited on an annual basis, and at no time have any of the audit firms raised any questions whatsoever about our handling of these funds."

The archdiocese says it faces a $55 million unfunded liability in its clergy pension fund, which it attributes to poor investment performance and rising healthcare costs.

A spokesman for Reilly said, ''We have not received anything yet, but will certainly take a look at whatever information people have."

Donilon declined to respond to the specifics of the closings lawsuits, saying, ''We will respond in kind through the appropriate legal channels."

''We understand that reconfiguration has not been an easy process; however, we also know that a lot of hard work has been done by a lot of talented and very dedicated people, people who love the church," he said. ''What we have seen is, in fact, a strengthening of Catholic community, with the vast majority of parishioners moving on to welcoming parishes in a truly spiritual and prayerful manner."

Mary K. Ames and John M. Galvin -- the lawyers representing the parishioners in Framingham, Scituate, and Weymouth -- said they will try to convince the courts that the archbishop of Boston holds parishes in trust for a group of beneficiaries, local Catholics. They will argue that although O'Malley can terminate the standing of congregations as parishes, he cannot seize the land or buildings.

''The parishioners own the parish," said Jon Rogers, a leader of the Scituate vigil. ''We bought it; we paid for it; we built it. It's our blood, sweat, and tears and love that has gone into not only building it, but maintaining it."

In the fourth lawsuit, regarding the Wellesley parish, Catherine Maffei, whose husband sold the land for St. James the Great at a discount to the archdiocese in 1946, has sued. Maffei alleges that by closing the parish, church officials have broken an oral promise to her late husband to keep the church open. Maffei has not presented written evidence of such a promise.

Michael Paulson can be reached at mpaulson@globe.com.