Village cites Catholic church for Christmas tree fundraiser in 'historic district'

Village of the Branch has cited a church for holding a Christmas tree fundraiser on property that lies in the village's historic district, a code violation, but the church contends it's being targeted unfairly over the quarter-century tradition.

St. Patrick’s Roman Catholic Church has held a fundraiser selling trees and other holiday items for more than 25 years, according to a letter its attorneys sent to the village on Dec. 18. Plants, grave blankets and wreaths are also for sale, according to the letter.

The village recently issued the citation to the church on East Main Street calling for St. Patrick representatives to appear in village court on Jan. 26. Officials said St. Patrick's violated village law by holding the fundraiser in the front part of the property, which lies in the historic district. The event concluded on Monday, according to church officials.

Lawyers from the Garden City law firm Greenberg Traurig LLP are working on the church's behalf along with the First Liberty Institute, a Plano, Texas, nonprofit that provides legal services.

In their letter to Mayor Mark Delaney, the lawyers argue St. Patrick's has a right to use the property for religious purposes according to protections outlined in the First and 14th amendments.

Earlier this year, the village settled litigation with the church after its request to hold a fall family festival on church property was denied. The village said it was illegal to hold such events on the front part of the church's property, which falls in the historic district. 

The church lawyers' letter, though, notes that “the village’s recent demand that the Church apply for a Special Use Permit” to hold the Christmas fundraiser “stands in stark contrast” to its treatment of other entities, such as for-profit groups.

'Puzzled' by events

Ryan Gardner, an attorney with the First Liberty Institute working on the case, said it was apparent the village had developed a “personal vendetta” against the church.

“We’re just puzzled by this whole thing. It’s a longstanding tradition that goes back 25 years," Gardner said in an interview, adding "the about-face is jarring."

Delaney acknowledged in an interview the village had issued the citation, but never stopped the fundraiser. 

The village issued a notice of violation several weeks ago, Delaney said. But since the church ignored it, a summons was later issued, he added.

There was never an issue with past years' fundraisers because the trees were sold in the back of the church, outside the historic district in an area considered residential, Delaney said.

“They know darn well after all the legal stuff that we went through that the front parking lot can’t be used for fundraising,” he said. "They have to move it to the back."

“That’s the conversation we’re going to have with them after the holiday," Delaney added. "The actual sales of the trees have to be up against the church in the residential district.”

Lengthy legal saga

In 2024, the church sued Village of the Branch after its application to hold a four-day family festival that year with food, rides and games was denied. The village said its code prohibited carnivals, circuses, mechanical rides and other amusement park-related activities in the historic district.

The church dropped the lawsuit after the village in May approved a revised application for St. Patrick's first-ever Fall Family Festival. The three-day fundraiser was eventually held on athletic fields near the church in October that featured rides, games and foods. Church officials told Newsday afterward that the festival was a success.

The church's letter further asks the village refrain from threatening any enforcement action against St. Patrick's. It also urges the village not to interfere “with the church’s religious fundraising activities in the future.”