Joseph Burden, Magda Cruz and David Brand of Belkin Burden Wenig & Goldman, LLP announced today that an important decision was just issued by the Appellate Division, Second Department involving an action commenced by the Diocese of Brooklyn against Christ the King High School.

The Diocese commenced an action five (5) years ago seeking to shut down the award-winning Middle Village Prep Charter School for renting space on the CTK Campus.  The Lower Court had ruled in favor of the Diocese, but the Appellate Division reversed finding that an agreement entered into in 1976 between CTK and the Diocese did not necessarily preclude the use of a portion of the Campus for the Charter Middle School. 

CTK has rented space out on its Campus for many years for a pre-k program, adult education and the Charter Middle School.  The Diocese commenced litigation only when CTK refused to reinstate an agreement allowing the Diocese to take back title to the campus (and possibly close CTK and sell off the valuable real estate), but also require CTK to pay higher sums to the Diocese for allowing the use by the Middle School.

The Appellate Division recognized that the Diocese has been renting out other church-owned property for secular charter schools and thus it was not automatically prohibited by the original understanding between CTK and the Diocese.

The Diocese had sought to shut down the Middle School in retaliation for CTK’s refusal to permit the Diocese to recover title to the campus and pay higher amounts to the Diocese.  It is expected that the matter will be remanded to the lower court for a trial to determine whether the Diocese can prove that CTK breached the agreement by renting some space to the Charter Middle School.

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