Despite lawsuit, Morris County freeholders award grants to churches

MORRISTOWN - The Morris County freeholders have begun allocating an approved $2.7 million in historic preservation trust fund grants, including to churches and religious institutions that are the target of the Freedom From Religion Foundation's lawsuit to halt awards to churches.

Acting on the recommendations in June of the county's volunteer Historic Preservation Trust Fund Review Board, the freeholder board earlier this summer approved $2.7 million in grants to 32 of 39 applicants that sought the grants in the 2016 funding cycle.

The freeholders at their Wednesday night meeting - without any comments from the public - approved the execution of grant agreements between the county and 12 of the applicants so grant funds could start to be allocated for their projects. Of the 12, four recipients are religious entities. Overall in the 2016 funding cycle of $2.7 million, the freeholders have approved $1,007,607 in historic preservation funds to churches and religious entities for restoration, document collection or construction projects that are secular, and not related to church doctrine, prayer or mass celebration.

Of the 32 applicants approved for grants, 10, or nearly one-third, are religious institutions.

A lawsuit filed in January by the Wisconsin-based Freedom From Religion Foundation is seeking to end the freeholder board's grant-giving to churches on grounds that it is unconstitutional to use taxpayer money to support churches. Madison resident David Steketee is the named plaintiff in the lawsuit and has said the grants violate Article 1, Section 3 of the New Jersey State Constitution.

The lawsuit is being handled in Somerset County Superior Court and a lawyer for the freeholders is expected to file a so-called motion for summary judgment, or a request that the judge find the law in favor of the freeholders. The Foundation will oppose the motion and a hearing tentatively is set for late October.

Democratic freeholder candidate Mitch Horn, who was not at Wednesday's meeting, has said in an email to the Daily Record that he is opposed to grants being awarded to religious institutions because he believes it is an unconstitutional imposition on taxpayers.

The three Republican incumbents who are seeking re-election in the November general election - Kathy DeFillippo, Douglas Cabana and Thomas Mastrangelo - all support the grants to churches and a previous Morris County counsel researched the issue and opined the awarding of grants to churches was constitutional.

On Wednesday, the freeholders voted to execute agreements between the county and St. Peter's in Mountain Lakes for $12,800; with the First Reformed Church of Pompton Plains for $160,000; with St. Mark's Episcopal Church Mendham for $29,600; and with Church of the Assumption in Morristown for $144,760. The applicants are required to match the grants.

The St. Peter's grant will enable the parish to complete construction documents for the replacement of the slate roof on the church and parish hall. The First Reformed Church of Pompton Plains will use the money to assist with exterior restoration of the Giles Mandeville House, part of the church complex, including masonry repointing and roof replacement on the porch.

St. Mark's has earmarked the money for stained glass window assessment and archaeological investigations and Church of the Assumption will use its grant for slate shingle and metal seam roof restoration at its rectory.

Since 2003, applicants have received at least $25 million in historic preservation funding from the county, with churches accounting for about one-third of the funds.

In the 2002 general election, county voters were asked to amend the existing Open Space and Farmland Preservation Trust Fund to include preservation and acquisition of historic properties, structures, facilities, sites, areas or objects. The amendment was supported by about 78 percent of the voters.

 Staff Writer Peggy Wright: 973-267-1142; pwright@GannettNJ.com.