Sewickley and Divine Redeemer Parish officials once again will debate the future of a former convent and Catholic school.
An evidentiary hearing is set for 6:30 p.m. March 26 at the borough building.
The hearing is expected to resolve a legal dispute that the parish did not get a chance to properly present and defend its case for the demolition of what is colloquially called the Herbst House.
Parish legal counsel Allen Lopus said they intend to present testimony and other evidence on structural salvageability as well as economic hardship of the parish and its ability to pay for any repairs.
“Really, it’s a continuation of the initial hearing but just for this limited purpose,” Lopus said Feb. 18.
Parish officials said they want to raze the structure in order to create a multipurpose green space to serve the needs of the parish and its school community.
Others have argued for its restoration. The building is located within one of Sewickley’s historic districts.
“The position is the same,” Lopus said when asked whether the parish had a change of heart.
The evidentiary hearing was mandated by an Allegheny County Court judge.
There will be no public comment portion. However, the proceeding is open to the public.
It has been more than two years since the court remanded the case involving parish plans back to the borough.
How we got here
The house was built in the late 1800s. It was owned by D.C. Herbst of the Independent Natural Gas Co. and Standard Oil Co.
The home was sold to the church in the early 1900s for $12,000. It became the first home of St. James School when it was dedicated on Dec. 6, 1913, according to church records.
The three-story mansion has been vacant for about three decades. It has deteriorated, primarily due to water leaking from the roof. Vegetation also reclaimed a portion of the property.
The parish several years ago requested permission to demolish the Herbst House along Broad Street, citing unsafe and deplorable conditions, as well as it being too costly to repair.
But the Sewickley Historic Review Commission recommended denying the parish’s demolition request on Aug. 1, 2022.
The commission at the time heard from folks in favor of the building’s demise, including the Catholic Diocese of Pittsburgh’s attorney, a structural engineer, parishioners and the Rev. Brian Noel, who became its pastor in May 2020.
They also heard from 10 speakers who opposed the demolition, including other engineers and architects, as well as residents. Four letters supporting its restoration were read into the record prior to the vote.
Borough council had delayed acting on the recommendation for months after members of the Pittsburgh History & Landmarks Foundation lobbied to keep the house standing.
Council eventually voted 6-0 on April 11, 2023, to stand by its historic review commission’s recommendation and not allow the Herbst House to be knocked down.
Councilman Tom Rostek recused himself from the vote after announcing he has been a member of the parish for 25 years.
Catholic Diocese of Pittsburgh officials appealed council’s decision to the Allegheny County Court of Common Pleas.
The diocese claimed it was not afforded due process because it was denied the opportunity to confront and cross-examine the borough engineer regarding his findings of the property, court documents read.
Judge Mary C. McGinley issued an order in December 2023 and remanded the case to council to allow cross-examination and “consider further evidence on whether the property in issue is structurally salvageable,” according to court documents.
Reinspection coming
Borough engineer Mike Galet said there will be a reinspection and new report crafted before the hearing. An inspection date was not confirmed as of press time.
Galet’s previous report showed the Herbst House was salvageable.
“What we’re evaluating is the current condition,” Galet said Feb. 18. “They’re going to have opinions, and we want to make sure we have the latest condition of how the building exists.”
One of Senate Engineering’s structural engineers will do the inspection, which is expected to take a day. The subsequent report will be ready in a few days.
It was unclear which engineering firm would report for the parish.
Galet said a building outside of a historic district generally would not be under such scrutiny as this one. He also noted the fact that it is still standing as of this month is noteworthy.
Upcoming procedures
All exhibits intended for use at the hearing are expected to be exchanged by March 19, according to information provided by borough Solicitor Nate Boring.
The deadline is subject to reasonable exceptions for noncritical exhibits such as photographs.
Council is expected to deliberate and vote on the matter following the hearing.
Written findings, conclusion and the decision will be issued within 30 days of council’s vote and filed with the courts shortly after.
A post hearing court status conference with Judge McGinley is expected after the decision is docketed to discuss the next procedural steps.
Lopus said both parties have a right to appeal the decision to an appellate court.
Council President Cynthia Mullins said she looks forward to the hearing and complete the evidentiary record so the judge can make a ruling on the applicant’s appeal.
“We are hopeful that the court will favor preservation of this historic structure,” Mullins said Feb. 17. “We need to see the process through and show respect to the judge, the court and to the church and hope for the best. Sewickley as a community is very devoted to historic preservation.”
