The two sides in a prolonged battle over possession of a Catholic church in a quiet coastal Newfoundland town will be back in court early next month.

The Roman Catholic Episcopal Corporation (RCEC) of St. John's and the Portugal Cove South Historical Society appeared in front of Supreme Court of Newfoundland and Labrador Justice Garrett A. Handrigan on April 4. The historical society, represented by St. John's lawyer Kyle Rees, petitioned for more time to prepare arguments and Handrigan consented.

A hearing has been scheduled for May 6.

The Archdiocese of St. John's has taken legal action against a determined group of Catholic residents in Portugal Cove South who are fighting to keep their local church.

St. John's Archbishop Peter Hundt wants to liquidate Holy Rosary Church in Portugal Cove South, part of the archdiocese's plan to pay a now more than $121 million judgment against it for past abuses by clergy and the Christian Brothers of Ireland at Mount Cashel Orphanage. But local Catholics took dramatic action last September by changing the locks for the house of worship.

The Portugal Cove South Historical Corporation also hung a sign near the main steps of the building that reads: “No Trespassing. Property of PCS Historical Corporation and Community of Portugal Cove South.” The sign also identified people not welcome to the property, “including but not limited to Archbishop Hundt, staff of RCEC including real estate agents and lawyers affiliated with said persons.” Additional window signs declared that “our church is not for sale” and “potential buyers are not welcome.”

Cynthia Power, spokesperson for the historical corporation, told local media “we are pleased to be given a chance to be heard.”

Hundt commented on the Portugal Cove South proceedings in an email to The Catholic Register.

“We know that the sale of church properties is a source of hurt and pain for all the Catholic communities of the archdiocese including Portugal Cove South,” wrote Hundt. “However, it is the result of a court decision that we must accept and respect. The archdiocese did not want to have to file an application with the court for an injunction against the Portugal Cove South Historical Corporation and we still hope that this situation can be resolved amicably.”

Power told the Register in September that “we are 100 per cent in agreement with those victims being compensated for the abuse that they received. And as far as we're concerned, that should have been dealt with by the Vatican. We feel that we should not be held responsible for the crimes of others.”

Notably, the Vatican’s Dicastery of the Clergy overturned Hundt’s closures of Holy Rosary Parish in Portugal Cove-St. Philips and St. Patrick’s Church in St. John’s early last year. This dicastery ruled that Hundt did not follow the proper canonical procedure for closing and selling a parish.

Hundt’s actions and candour indicate he feels more compelled to follow civil law obligations than these canon law rulings. Hundt filed an affidavit last month stating the RCEC is the “legal owner” of Holy Rosary and that the $134,000 locals poured into renovating the parish five years ago does not represent “equitable interest.”

The court monitor report revealed that the RCEC re-listed Holy Rosary Church for sale with an asking price of $37,000. The original listing price was around $75,000.