Site of Easter service in Bergen now county owned property, and that could be a problem
For 42 years members of two churches in Bergen have come together for Easter services on a hill in town.
When it was private property, there was never an issue with the annual service. Now, however, as of this year, the property is owned by the county.
Legislator Ray Cianfrini said today he is worried that somebody could sue the county over allowing a religious service on the property, or some "fringe group" (lack of a better term, he said) might demand equal access to a county park and say a precedent has been set.
"While I support the church and this service, I think there are some legal issues that will have ramifications," Cianfrini said.
County Attorney Chuck Zambito said, yes, it's possible allowing the service could lead to somebody filing a lawsuit.
"I don't think there is anything wrong by allowing them to hold the service," Zambito said. "You may get challenged and you may loose. You may have to abide by whatever happens."
The legal concern prompted Cianfrini to vote no on a resolution before the Ways and Means Committee to authorize the churches to hold the services.
The county acquired the property for one of its new emergency communication towers associated with the construction of the new 9-1-1 system.
Bob Bausch, who represents Bergen, sought approval of continuing access to the property for the Easter service.
The churches conducting the service are the First Presbyterian Church of Bergen and the United Methodist Church of Bergen.
"It's an hour service or less once a year and it's very, very meaningful to them," Bausch said.
The church leaders claim, Zambito said, that the person who owned the property 42 years ago placed a covenant on the parcel to ensure the churches would always be allowed to hold services there.
Zambito said he can find no such covenant filed with the deed and there's been no recording of any such contract.
On the other hand, the previous property owner -- Time Warner -- and the current surrounding property owner -- the Monroe County Water Authority -- have always allowed the services.
In fact, the water authority provides the churches with a key to its locked gate at the base of the hill and service-goers now have a paved road up the hill that's normally to service the Time Warner's communication tower.
Legislator Ed Dejanerio said he is concerned about any liability the county might have from the use, so legislators added a requirement to the resolution that the churches purchase appropriate insurance for the event.
The committee passed the resolution approving the services 3-1.