Public Law

Updates on Public Law in Massachusetts from Anderson & Kreiger LLP


CPA Funds Can Be Used to Preserve Historic Church Buildings

The Town of Acton recently secured a victory in a Court fight over the use of Community Preservation Act (CPA) funds to preserve two historic churches. The CPA allows cities and towns that accept the statutory program to create a special fund to preserve historic resources, among other community preservation goals.

In this case, the Town approved three CPA grants totaling approximately $115,000 to two “historic churches located in historic districts.” In return, the Town will acquire historic preservation restrictions on the historic buildings.






The Acton Congregational Church and the South Acton Congregational Church.

After the Community Preservation Committee and Town Meeting voted to approve the grants, Americans United for Separation of Church and State, representing a number of local taxpayers, sued to stop the grants. The taxpayers claimed that the CPA funding of active churches violates the Anti-Aid Amendment to the Massachusetts constitution that restricts certain public funding of non-governmental institutions.

Superior Court Judge Leila Kerns concluded that “there is no likelihood that Plaintiffs will succeed on the merits” and denied the plaintiffs’ motion for preliminary judgment which sought to stop Acton from distributing the funds. (Emphasis added.) In doing so, Judge Kerns found that Acton had awarded the grants “to preserve historic resources, not to aid the Churches,” and that the CPA operates “without regard to the applicant’s makeup or purpose.”

The plaintiffs are expected to appeal the ruling.

Nina Pickering-Cook and Art Kreiger represented Acton in this matter.

About the Author

Nina L. Pickering-Cook – Partner

Nina helps public and private sector clients navigate issues relating to real estate, construction, land use and public law, including litigation where necessary.

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