20 The Courier sun • november 7, 2013 for breaking news visit www.couriersun.com Diocese suing CK for control BY LIAM LA GUERRE [email protected] A two-year crusade between the Roman Catholic Diocese of Brooklyn and Christ the King High School is heading to the courts. The Diocese filed a lawsuit against Christ the King to force the school’s Board of Trustees to renew a written agreement to stay committed to providing Catholic high school education or relinquish control of the institution. “It is sad that we have to go to these extraordinary lengths to have our rights reaffirmed by the court,” said Monsignor Steven Aggugia, judicial vicar of the Diocese. “But it’s time for the Diocese to get a full accounting from the Christ the King Board of what has transpired over the years.” In the 1970s the Diocese transferred control of the six high schools it owns in Brooklyn and Queens, including Christ the King, to non-profits, under condition that they run the institutions as Catholic, according to court papers. This agreement must be reexamined and for the past two years, the Diocese has been trying to get the Board to reaffirm this agreement, to no avail. This year Christ the King began renting space to a public charter school, Middle Village Preparatory Charter School, and the Board has also been operating various enterprises on the campus, including a day care center, online courses and continuing education courses in Spanish, drama, dance and karate. In addition to getting the Board to reaffirm the commitment, the Diocese is asking Christ the King to turn over all leases for the various businesses that the property has been used for over the years. “I think they are monetizing an asset and not accounting to us,” said Marty McLaughlin, spokesperson for the Diocese. “They are monetizing an asset that doesn’t belong to them. What the Diocese wants is a full account of what is going on there.” Board members believe that the Diocese wants control of Christ the King because of the school’s amazing record over nearly four decades since transferring to Board rule. Thomas Ognibene, a former city councilmember and lawyer for Christ the King, said that the agreement in question was supposed to be in place for 30 years and the Diocese had until 2006 to reaffirm it. “We’ve poured our life blood into that school and they’re looking to shut it down,” Ognibene said. The Diocese also said Christ the King is the only school that doesn’t follow a rule to donate 40 percent of revenue from charter schools to the St. Elizabeth Ann Seton Trust, which gives scholarships to “disadvantaged” children for Catholic elementary schools. However, the Board has said they have complied since July. The Diocese said that they have no plans to close Christ the King or the charter school. Photo courtesy of Christ the King High School The Roman Catholic Diocese of Brooklyn is suing Christ the King High School to have the Board of Trustees renew an agreement that could allow the Diocese to regain control of the institution. Legally Speaking By: Scott Baron, Attorney at Law HIS SISTER’S KEEPER Q: I was standing in the lobby of the building and heard a commotion in the rear courtyard, which is next to a parking lot. The fight involved loud arguing and cursing. I observed a male with his hands on my sister’s face, and heard my sister calling for help. I immediately walked outside and approached them. He punched me in the head, sending me to the ground. I got back up and banged his head against the concrete floor several times. We fought for a while. Eventually, others broke up the fight. Then I saw someone hand our enemy a gun. He shot adn paralyzed me. A: The building owner will argue that, even if it was negligent in securing the building, its negligence did not proximately cause your injuries: your voluntary participation in the fight was a ‘superseding cause’. The security company will argue that it was in full compliance with its contractual obligations, i.e. to have a guard in the security booth and others patrolling the building. The company will contend that it had no contractual duty to secure the building, without fail, or physically to intervene ni fights. The courts of New York have held that one who voluntarily participates in a physical fight cannot recover from a party generally charged with maintaininga safe environment. Your willing participation in the fight negates any negligence committed by a defendant with a duty to provide security. Even assuming that the building owner or the security company failed to provide reasonable security, the reasoning is that you could have remained elsewhere at the time of the fight. Unless there is something that you have failed to tell me, I am afraid that, in choosing to join the fight, the courts will hold that you ‘severed any causal connection’ arising from the defendants’ negligence in providing reasonable security. Take this case to an attorney: there may be other details, which can help you.This article shall not be construed as legal advice. Advertorial The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel.This article shall not be construed as legal advice Copyright © 2013 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 1750 Central Park Ave, Yonkers, NY 10710 718-738-9800, 914-337-9800, 1-866-927-4878 Our job is making sure no longer goes that waste to waste. Find out more at ThinkGreen.com Energy creation. Recycling programs. Closed-loop solutions. Those are just a few of the innovations we’re delivering for customers and communities alike. We live in a world where things can no longer go to waste. That’s why Waste Management is working to get the most from resources. It’s good for business and the environment. ©2012 Waste Management, Inc.
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