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BY SHARON WILSON
Linda
Barrows-Stacey Photo
In the wake
of the closing of Boston Regional Medical Center on February 4, 1999
(see Review, April 22), and a pending eviction of the Greater
Boston Academy (see Review, December 9) officials of the New
England Memorial Church reached an agreement to sell the church's
right to continue use of the property, also located on the 42-acre
hospital campus.
Under terms of the
settlement agreement, which was signed in December, The Guiterrez
Company, buyers the property, compensated the congregation for its
property rights while allowing occupation of the church through June
30, 2000. The negotiation of the sale also included a term allowing
the academy (pictured below) to complete the school year rent-free at the same
location.
The office
development company, based in Burlington, Massachusetts, has not
stated its plans for use of the property, although Mr. Guiterrez has
said that market demands will shape their plans. Timing constraints,
continued legal expenses, and the congregation's concern for the
academy students on the campus all factored into the ultimate decision
to sell the property rights.
The settlement
follows the first ever jury trial granted in the
101-year history of
the Boston federal bankruptcy in October. At the close of the four-day
trial, eight jurors found that the church has a permanent, irrevocable
right to use the land and the church building in the same manner that
they have been used for the past 50 years. The court awarded the
church a prescriptive easement to the church but ruled that the
academy does not have legal interest in the land or the school
building.
These verdicts
surprised the attorneys, because the school was thought to have the
stronger case. "To prevent the same kind of loss that we have
experienced," says Southern New England Conference president
Halvard Thomsen, "we encourage that the deeds and related
documents of every church and school be checked, particularly where
more than one institution uses common property.
While the legal
proceedings continue Adventists are still in anguish over of the
ripple effect of the hospital's closing. "I keep wondering when
it will end for the members of my congregation," says Eric Doran,
pastor of the New England Memorial Church. "First it was the loss
of jobs, followed by eviction notices to those who rented homes on the
hospital campus. Then it was the lawsuit and trial. And now it looks
like four families who bought their off-campus homes from the hospital
may have to sell them because the loans, secured by mortgages held by
the hospital, require payment in full upon termination of
employment."
This June, while
the focus of the world church will be centered on the General
Conference session in Toronto, members of a church and school in
Stoneham will be saying farewell to that "most desirable
site" seen in vision by Ellen White one hundred years ago.
Sharon Wilson,
J.D., a member of the New England Memorial Church and Southern New
England Conference Association Board, volunteered her services in
assisting attorneys representing the congregation, school and
conference.
Adventists Ask
United States Senate
to Consider Religious Freedom Law
A delegation
including Seventh-day Adventist religious liberty leaders visited
United States Senate leaders on December 14 to ask for an early vote
on the Religious Liberty Protection Act (RLPA).
RLPA, a law
intended to raise the level of religious free exercise protection
under the United States Constitution, was approved by the House in
August, 1999 but must also be passed by the Senate before it becomes
law.
"Free exercise
of religion is constitutionally guaranteed as an inherent human
right," says Richard Lee Fenn, associate director of the General
Conference Public Affairs and Religious Liberty Department.
"Tragically, Supreme Court decisions this decade have eroded this
guarantee. The Religious Liberty Protection Act is an absolutely
necessary step toward statutory restoration of what has been taken
away. RLPA is a bill for every American. We Adventists endorse it. We
support it."
The Adventist
Church takes an active part in the RLPA Coalition, a diverse group of
more than 30 religious and civil rights groups. Fenn, along with four
other RLPA Coalition members, visited the offices of Senate Majority
Leader Trent Lott and Majority Whip Don Nickles to ask for early
consideration of the bill when the Senate resumes its work in January
2000. While legislative aides assured the delegation that RLPA is a
Senate priority, they also pointed to the overloaded legislative
agenda and could make no firm promises on when the bill would come to
up for a vote. "The purpose of RLPA is really quite simple,"
says Sam Casey, executive director of the Christian Legal Society, and
coalition chair. "It will restore the level of protection for
religion to the same legal standard of 'strict scrutiny' that applies
to every other civil right."
Strict scrutiny
means that a law burdening the exercise of someone's religion will be
invalid, unless the state can show that it was pursuing a
"compelling state interest" in the "least
restrictive" manner.
The level of legal
protection for religious free exercise in the United States was
dramatically lowered in 1991 by the Supreme Court case Oregon v.
Smith. In this case the Court held that government need not be
concerned when a generally applicable, "neutral" law
interferes with the ability of people to practice their religious
belief.--Adventist News Network
Adventist
Review Circulation
Surges Past the 50,000 Mark
For the first time
since January 1986 the weekly circulation of the Adventist Review
has surpassed the 50,000 mark, reports editor William G. Johnsson.
As of December 20,
circulation stood at 50,311, up 14,556
or 41 percent, from the previous year. A significant reason for the
increase is the magazine's new believers campaign, a cooperative
effort of the Review, and local and union conferences, that provides
subscriptions for new Adventists. The magazine also offered a
half-price subscription rate from October to December, 1999. Johnsson
says, "Review circulation has been declining slowly since
1963, so this turnaround gives me special delight. I praise the Lord
for what has happened. At the same time I think we should aim for
100,000 weekly circulation."
Besides the weekly
edition, the monthly North American Division edition has a circulation
of 302,000. The combined circulation of the NAD issue, weekly issue,
and overseas editions printed in various languages, is more than
750,000.
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