Saints Sahag & Mesrob Armenian Church v. Director of Public Works

360 A.2d 534, 116 R.I. 735, 1976 R.I. LEXIS 1329
CourtSupreme Court of Rhode Island
DecidedJuly 29, 1976
Docket74-219-Appeal
StatusPublished
Cited by4 cases

This text of 360 A.2d 534 (Saints Sahag & Mesrob Armenian Church v. Director of Public Works) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Saints Sahag & Mesrob Armenian Church v. Director of Public Works, 360 A.2d 534, 116 R.I. 735, 1976 R.I. LEXIS 1329 (R.I. 1976).

Opinion

*736 Kelleher, J.

This petition for assessment of damages resulting from a December 27, 1961 'condemnation of certain property of the city of Providence within the area bound by Orms Street on the north and Smith Street on the south was heard by a Superior Court justice sitting without a jury. Following the trial the court ordered that judgment be entered for the petitioner in the amount of $60,000 plus interest. The respondent director has taken this appeal.

Today a pedestrian proceeding in an easterly direction along Smith Street can stop on the Smith Street overpass adjacent to the State House and the complex of state office buildings and gaze downward at an array of motor vehicles traveling north and south along interstate highway Route 95. Any pedestrian familiar with this neighborhood prior to the construction of Route 95 cannot help being impressed with the engineering virtuosity and ingenuity of those responsible for the 1961 transformation of this swatch of real estate into an interstate channel of commerce replete with overpasses, access roads, and entry and exit ramps. Such admiration, however, is a sentiment not universally shared. One dissenter is The Reverend Haik Donikian, the pastor at Saints Sahag and Mesrob Armenian Church.

Father Donikian, the church’s treasurer, a member of the Parish Council, and a real estate expert all testified in Superior Court. Their testimony and exhibits together with the opinions offered by the real estate expert who *737 appeared on behalf of the director all relate to the church’s claim for damages to its access rights. Hereinafter we shall refer to petitioner as Saint Sahag’s.

Prior to the highway’s construction Saint Sahag’s was located within a triangle formed by Smith, Orms, and Davis Streets, the junction of Smith and Orms forming the triangle’s apex and Davis serving as its base. More specifically, the church was located at the northwesterly corner of the intersection of Jefferson and Common Streets. Saint Sahag’s is situated on a parcel of real estate which fronts on Jefferson almost 135 feet and runs to a depth along Common of just over 100 feet. The church first began to serve the needs of those of Armenian ancestry in 1914, at a time when little or no thought was given to the automotive needs of the parishioners. Father Don-ikian assumed his pastorate in 1958. Within the next few years an auditorium was built alongside and attached to the church. The church and auditorium structures occupy the bulk of the parcel of real estate.

In 1961 a parishioner driving to Saint Sahag’s to attend religious services, Sunday School, or some social function at the auditorium could reach his destination by either Orms or Smith Street. Jefferson connected both highways. Common Street began at Davis Street and ran in a somewhat southwesterly direction past Jefferson and ended at Smith. The parishioners would park their automobiles on the nearby streets, including Jefferson, Common, Mulberry, Davis, portions of Liberty, and Orms Streets.

Sometime after the filing of the condemnation plat and the arrival of construction equipment in the Smith and Orms Street area, the swatch of nearby real estate became part of our nation’s highway system. A comparison of the sketches which are appended to this opinion indicates that the 1961 condemnation took all of Liberty Street, portions of Jefferson, Mulberry, Davis, and *738 Orms Streets, and that part of Common Street which began at Davis and ended at the easterly side of Jefferson. Once the freeway and its appurtenances were complete, the traffic engineer of the city of Providence established a traffic pattern in the area whereby Jefferson and Common became one-way streets. Consequently, a motorist who wishes to arrive at Saint Sahag’s entrance must make his final approach to the church from Orms Street, driving either westerly or easterly to Jefferson, turn south onto Jefferson, and west onto Common in order to exit.

Some 3 years after the filing of the condemnation plat 1 Saint Sahag’s filed this petition for damages. The church’s officials told the trial justice that once the freeway became operative and the Providence police began to enforce the traffic regulations, the parish’s dues-paying membership began a slow but steady decline. In 1961 there were 831 dues-paying members; an incomplete 1971 canvass listed 337 dues-payers on the church’s membership rolls. The representative of the Parish Council estimated that as a result of the 1961 taking some 215 on-street parking spaces that were once available to the parishioners disappeared. Father Donikian reported that this loss caused the parishioners on Sunday to double park on Orms Street. This, in turn, created a traffic hazard which caused the Providence police to order a “tow away.” The pastor reported that many of those who paid the towing charges never returned to Saint Sahag’s.

The church’s real estate expert gave a precondemnation value of Saint Sahag’s real estate of $400,000. He employed a reproduction cost less depreciation method of evaluating the buildings and then applied a value of $1 a square foot to the parcel’s 13,500 square feet of land. He estimated that the post-condemnation value was *739 $200,000. He attributed the net loss in value of $200,000 to the loss of ingress and egress and the loss of on-street parking. In a quote that could cause some discussion in certain ecclesiastical circles, this expert reported that it was “* * * a known fact * * * that parishioners or people in attendance will park no greater than five to six hundred feet away from the front door of the church whether it is summertime or wintertime.”

The treasurer described the church’s efforts to provide substitute parking by its postcondemnation purchase and demolition of eleven houses in the adjoining area. The evidence indicates that the acquisition cost of this project amounted to $174,000.

The director’s real estate expert agreed with the pre-condemnation figure of $400,000 presented by Saint Sahag’s expert, but his postcondemnation value was $365,-000. The director’s expert witness attributed the $35,000 damage figure strictly to the loss of on-street parking spaces. This witness stressed that there was no damage chargeable to the loss of egress or ingress because the state had installed an access road that begins at Smith Street and runs northerly along the easterly boundary of the freeway and parallel to what was Davis Street and ends where Orms and Davis Streets met before the 1961 taking. The motorist who wishes to approach Saint Sahag’s from the east on Smith Street simply turns north on the access road, left on Orms Street, travels a short distance to Jefferson, and within seconds has arrived at his destination. This expert emphasized that the distance traveled over the access road to the church was practically the same as the precondemnation Smith Street approach.

The trial justice, in making his award of $50,000, emphasized that compensation could not be paid for the loss of on-street parking spaces or the new traffic pattern which sent one-way traffic down Jefferson Street and onto *740 Common Street.

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Bluebook (online)
360 A.2d 534, 116 R.I. 735, 1976 R.I. LEXIS 1329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saints-sahag-mesrob-armenian-church-v-director-of-public-works-ri-1976.