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Judge dismisses St. Ray's injunction request

Bill Novak  —  7/18/2008 12:05 pm

Demolition work on the remains of St. Raphael's Cathedral continues after a request for a temporary restraining order stopping demolition was dismissed Friday morning.

Dane County Circuit Judge Sarah O'Brien dismissed the request because no summons or complaint was filed with the court, and the request for a temporary restraining order and injunction did not meet the requirements of a summons or complaint.

The restraining order request was filed Wednesday by Jamie McCarville, a Madison resident who is a parishioner at St. Patrick Catholic Church downtown, was baptized at St. Raphael and is one of the "Save St. Ray's" organizers trying to keep the diocese from tearing down a structure that the group wants to see preserved as a local landmark.

McCarville could not be reached for comment Friday morning regarding the judge's decision.

The cathedral at 222 W. Main St. is the cornerstone of the Madison diocese. It was destroyed in a fire set by an arsonist in March 2005, with the shell of the church, the front vestibule and the steeple tower the only parts remaining.

Landgraf Construction, the firm hired by the Madison diocese to tear down the remains of the cathedral, started knocking down the east wall Monday.

When contacted about the demolition schedule, Mark Landgraf said all calls concerning St. Ray's would be handled by the diocese.

Diocese spokesman Brent King said in a statement earlier this week that Landgraf was issued the necessary permits for demolition July 1, after the city issued a summons to the diocese to remove the structure in the interest of safety, since the remains were deemed structurally unstable "by multiple unbiased experts."

In addition to the restraining order, Save St. Ray's also started a Web-based petition drive to get signatures from area residents to have the Madison City Council pass an emergency ordinance to prevent the demolition of the remaining structure and to have the diocese stabilize the remains until the diocese has plans for a new cathedral.

"We believe it is in the best interest of the city of Madison and its citizens to preserve what remains of this building," the petition says.

King said that unless the courts say otherwise, the demolition of St. Ray's will continue.

"Landgraf Construction will move forward in its contracted work so that the diocese can move forward with its efforts to build a cathedral in Madison," King said.

The diocese has plans to build a new cathedral, but Bishop Robert Morlino announced in April a capital campaign to raise money for a new cathedral has been put on hold for at least a year, so there currently is no timetable as to when a new cathedral would be built.

Bill Novak  —  7/18/2008 12:05 pm