St. Philip Neri Sues City in Federal Court
INDIANAPOLIS — St. Philip Neri Catholic Church has filed a federal civil rights lawsuit against the city of Indianapolis, saying that local preservation boards have unconstitutionally interfered with the church’s religious freedom by blocking the demolition of the former Holy Cross Catholic Church.
The complaint, filed Tuesday in the U.S. District Court for the Southern District of Indiana, names the Indianapolis Historic Preservation Commission and the Metropolitan Development Commission as defendants. The church argues that the city’s decision to designate the property as a historic district was a targeted effort to prevent the parish from managing its own sacred property according to its religious mission.
The legal battle centers on the Holy Cross campus at 125 N. Oriental St., which has been closed since 2019. According to the filing:
Restoration Costs: The church estimates that restoring the dilapidated building would cost between $7.5 million and $8.5 million.
Property Value: The campus is currently valued at only $1 million.
Budget Impact: St. Philip Neri reports spending nearly $80,000 annually —roughly 20% of its entire budget—just to maintain the vacant, fenced-off site.
Church leaders contend that the IHPC’s October 1, 2025, denial of their demolition request forces the parish to pour limited resources into a “liability” rather than its active ministry and community services. The lawsuit states that the city’s actions violate the First Amendment, the federal Religious Land Use and Institutionalized Persons Act, and the Indiana Religious Freedom Restoration Act.
Attorneys for the church claim that during the October hearing, city officials and commenters “critiqued and even ridiculed” the religious determinations of the Archdiocese, attempting to substitute secular judgment for Catholic doctrine. Under Catholic canon law, the church argues that once a sacred space can no longer be maintained, it should be dismantled to prevent it from being used for “profane” or inappropriate secular purposes.
St. Philip Neri is asking the court to:
- Declare the historic designation and preservation plan unconstitutional.
- Reverse the historic landmark status of the Holy Cross campus.
- Award compensatory damages to the church for the financial burden imposed by the city.
The church is represented by Indianapolis attorney Michael A. Swift and the D.C.-based firm Storzer & Associates, which specializes in defending religious organizations in land-use and zoning conflicts.
