Federal Judge Sides With Church

INDIANAPOLIS, Ind. (WOWO) — A federal judge has cleared the way for a religious freedom lawsuit against the City of Indianapolis, issuing a pointed ruling that criticized city officials for overstepping their authority into matters of Catholic doctrine.

On Monday, May 4, U.S. District Judge Matthew Brookman denied the City’s motion to dismiss the complaint filed by St. Philip Neri Catholic Church. The ruling marks a major victory for the parish and the Archdiocese of Indianapolis in their ongoing legal battle over the fate of the former Holy Cross Catholic Church property.

“An Awful Lot of Religion Talk”

In his decision, Judge Brookman rejected the City’s arguments for dismissal, specifically highlighting the conduct of government officials during public hearings. The judge noted that the record was filled with instances of city commission members attempting to interpret or second-guess church law.

“That is an awful lot of religion talk for a government commission,” Brookman wrote, citing Supreme Court precedent. He emphasized that government bodies must remain secular and allow religious institutions to decide matters of faith and doctrine without state interference.

Roman Storzer, attorney for St. Philip Neri, called the ruling a pivotal win for First Amendment protections.

“We are particularly gratified that the court noted the number of statements by government officials seeking to second-guess Catholic doctrine, which strikes at the heart of the First Amendment’s religion clauses,” Storzer said.

The Conflict: Historic Preservation vs. Religious Mission

The legal dispute began after the Indianapolis Historic Preservation Commission (IHPC) designated the Holy Cross Catholic Church campus as a historic district in March 2024. This designation effectively stripped the parish of its ability to manage the property, eventually leading to a denial of the church’s request to demolish the closed and deteriorating building.

According to the complaint:

Financial Burden: Restoration of the Holy Cross building is estimated to cost between $7.5 million and $8.5 million. The property itself is valued at only $1 million.

Property Status: The church has been closed and boarded up since 2019.

Alleged Hostility: During an October 2025 hearing, the church says that city officials ridiculed religious determinations made by the Archdiocese and attempted to substitute their own judgment for Roman Catholic doctrine.

Constitutional and Statutory Claims

The lawsuit claims that the City’s actions violate:

1. The First Amendment: Specifically the Free Exercise and Establishment Clauses.

2. RLUIPA: The federal Religious Land Use and Institutionalized Persons Act, which protects religious institutions from discriminatory or burdensome land-use regulations.

3. Indiana State Law: Including religious autonomy protections.

The court also granted amicus briefs in support of the church from the Religious Freedom Institute and Rev. Patrick E. Reidy, an associate professor of law at Notre Dame Law School.

With the motion to dismiss denied, the case will now proceed toward trial. St. Philip Neri and Archdiocese Properties are seeking a court declaration that the historic designation is unconstitutional. They are asking the court to reverse the designation and prevent future interference, while also seeking compensatory damages and attorney’s fees.

“Our decision regarding the former Holy Cross Church is the result of prayerful discernment of our mission as a Catholic parish,” said Fr. Jeffrey Dufresne, pastor of St. Philip Neri. “We are hopeful for a resolution that ends the city’s interference and will allow us to more fully devote our efforts to St. Philip Neri’s ministries and outreach on the near eastside.”

The City of Indianapolis has not yet issued a formal statement regarding the judge’s decision to allow the case to move forward.

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