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Belmont neighbors lose suit in federal court

Associated Press, 06/01/99

BELMONT - Neighbors of a Mormon temple under construction lost a round Tuesday in their court battle to stop the edifice from being built.

U.S. District Judge Douglas P. Woodlock denied the three neighbors' claims that a state zoning law governing religious buildings are unconstitutional.

The statute, passed in 1950, prohibits zoning restrictions on the use of property for religious purposes, which the neighbors argue violates the U.S. Constitution.

"If an atheist group wanted to put up a structure in Belmont, they couldn't,'' said Mark White, the plaintiffs' attorney.

"You basically have no control over religious uses,'' he said. "This has been a sore spot in many cities and towns in the commonwealth of Massachusetts.''

The neighbors' real concern, said White, is that the 70,0000-sqare-foot structure is too big for a residential neighborhood.

The $30 million temple is being built in an area of upscale, single-family homes, and has been controversial from the start.

White said the neighbors intend to appeal the case all the way to the U.S. Supreme Court, if necessary.

The suit was brought by Margaret Boyajian, Charles Counselman and Jean Dickinson.

A call to the Church of Jesus Christ of Latter Day Saints in Belmont was not immediately returned.