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Judge refuses injunction for those trying to keep church open

06:08 PM CDT on Tuesday, October 28, 2008

Chad Bower / Eyewitness News

As round-the-clock vigils continue at two uptown churches in orotest of the archdiocese shutting them down, members of Our Lady of Good Counsel church also took their fight to the courts Tuesday morning.

Video: Watch the Story

But a civil district court judge ruled today that the parishioners didn't even have the right to bring it forward.

Judge Kern Reese sided with the archdiocese, saying under Louisiana contract law the church members didn't have any standing to file suit, according to the original articles of the Good Counsel Church.

The parishioners claimed that they, not the Archdiocese, owned the church by looking back at records from the 1900's. But the attorney's didn’t even get to that point before it was tossed out.

In court the defense said when the archbishop announced Good Counsel's closing, its church members ceased to exist.

"Catholics across the New Orleans area should think long and hard if that’s the message from the archdiocese: that they were not part of the congregation, were not part of any decision making,” said Barbara Fortier of Our Lady of Good Counsel.

While the judge was empathetic, saying his church was also closed because of the re-organization plan, he ruled in favor of the archdiocese.

“The judge did rule in our favor this morning, which will help us to hopefully move forward,” said Sarah Comiskey of the Archdiocese of New Orleans.

Church members have 20 days to file an appeal. They have not said whether or not they will do so. Parishioners also have an appeal filed with the Vatican, and while they wait for an outcome church members say they will continue their 24 hour vigils.