An environmental court judge ruled Tuesday that the Cathedral of the Immaculate Conception in downtown Burlington can be demolished. But the group that filed suit in an effort to keep the building intact is considering an appeal.
Judge Thomas Durkin granted a motion for summary judgment filed by attorney John Franco on behalf of the cathedral charitable trust, which owns the Pine Street site. Durkin ruled that a state law which restricts municipalities from applying zoning standards to certain building types such as religious institutions applies in this case, meaning there’s nothing on the books in Burlington ordinances to prevent a demolition permit for the building.
Franco said in an interview Wednesday morning that the decision “validates” the parish’s right to make decisions about its properties under state and federal law.
Franco also said that because the case could still be appealed, it’s unlikely that wrecking balls would be out at the cathedral site anytime soon.
“There’s all kinds of questions that we’re just not in a position to talk about right now,” he said.
Ron Wanamaker, of Preservation Burlington, the historic preservation group that sued to stop the demolition, said Wednesday that the group was disappointed by the ruling and was discussing next steps, including a possible appeal to the Vermont Supreme Court.
Wanamaker said their case hinged on the argument that because the cathedral charitable trust has a pending sale agreement with an unidentified third party, it should no longer be able to rely on the zoning exemption for religious sites. Wanamaker said his group had hoped the case would allow for discovery to see the sale agreement, but Durkin did not permit that.
In the fall of 2022, the cathedral’s owners filed for a demolition permit, which Burlington approved in January 2023. Members of Preservation Burlington sued both in federal court and state court to appeal the permit. In August 2023, a federal court judge dismissed that suit while the state environmental court case proceeded.
The 10 Burlington residents who brought the suit argued in their complaint that the cathedral should be considered historic because notable architects had worked on both the structure and the landscape design.
But the cathedral was only built in the late 1970s, following the arson fire of an earlier, larger cathedral. Since the more modern cathedral is less than 50 years old, it wouldn’t qualify for historic protection.
The former cathedral has been empty since its parish merged with the Cathedral of St. Joseph on Allen Street. The cathedral’s owners hope to demolish the building in order to complete a sale of the property, which is likely to be to developers, Monsignor Peter Routhier of the cathedral charitable trust said in a letter accompanying the demolition permit application in 2022.