April 6, 2018 at 1:53 p.m.
STATEMENT

Supreme Court OKs sale of St. Patrick's

Immaculate Heart of Mary parish in Watervliet and Nigro Companies issued this joint statement last week: A decision in State Supreme Court in Albany County Dec. 31, 2012, has cleared the way for the transfer of the St. Patrick's Church properties in Watervliet to the Nigro Companies of Albany.

Acting State Supreme Court Justice Kimberly A. O'Connor dismissed legal proceedings brought by Citizens for St. Patrick's to block the sale. Nigro Companies' proposal to build a Price Chopper supermarket on the property was unanimously approved by the Watervliet City Council on November 20, 2012, after a thorough, seven-month review. The legal challenge followed in mid-December.

Rev. L. Edward Deimeke, pastor of Immaculate Heart of Mary parish, said: "In a perfect world, St. Patrick's would stand forever, full to overflowing with parishioners. The reality is [that] the buildings are unused and deteriorating, and our small parish community has struggled for years to raise enough money for constant repairs and upkeep.

"After an exhaustive examination of alternatives that began in 2005, we determined in 2010 that the cost of maintaining these buildings was a burden we could no longer afford. We concluded that the most responsible choice was to offer the property for sale, and the offer presented by Nigro Companies was the most competitive. We are grateful that Judge O'Connor's decision will allow us to move forward. The proceeds from the sale of the property will remain in Watervliet-Green Island to help meet the spiritual and human services needs of our Catholic community."

Mr. Nigro said: "I am very proud that two long-time, local, family-owned businesses - Nigro Companies and Price Chopper - will team up to make a major investment to create a much-needed, state-of-the-art shopping experience that will be a catalyst for future economic growth along 19th Street. We recognize our responsibility to ensure that this project is a long-term credit to the Watervliet community.'

(Editor's note: In her decision, Acting State Supreme Court Justice Kimberly A. O'Connor noted: "It's a bit disingenuous for the plaintiffs in this declaratory judgment action to allege they haven't had an ability to be heard on this particular issue. It's very clear that the process has gone through multiple hearings....My review under the Religious Corporation Law, the Not-for-Profit Corporation Law, is to ensure that...the components of this have been handled in the way the statute requires, but not to second-guess this decision by a religious corporation to sell the property....What you're asking this court to do by requesting a hearing is have me vacate my prior order and requesting a hearing on that petition. And I don't believe the law allows for or requires that type of review....I will grant the motion to dismiss the underlying declaratory judgment action based upon the fact that I don't believe that the plaintiffs in that action have any standing to bring the suit.")[[In-content Ad]]

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