SOUTH BEND — The city is not backing down. In a Wednesday letter to Americans United for the Separation of Church and State, the South Bend Common Council's attorney said the city is standing by its decision to transfer the Family Dollar land to the new St. Joseph's High School.
The city seems confident they won't face a legal battle.
The Council's attorney, Kathy Cekanski-Farrand, said the transaction with the new Catholic high school is legal in every way.
Click here to read the letter.
In the letter, Cekanski-Farrand said the city takes the separation of church and state very seriously. She said Americans United may not have all its facts straight in order to move forward with a lawsuit.
City attorney Chuck Leone said Americans United doesn't understand the transaction planned between the new St. Joseph's High School and the city.
"We expect to have a very well-defined benefit that comes back to the citizens of South Bend," Leone said.
And that's why Leone said South Bend is in the clear. But Americans United said the city is already in trouble by not reversing its decision.
"We have a very strong case," said Barry Lynn, the director of Americans United.
But the group won't sue South Bend just yet. It will first file a records request to determine if South Bend has a history of constitutional breaks with the law.
“Sometimes it’s complicated and we would like a resolution before anyone steps in court, but it depends on the basis of what we find in the Freedom of Information Act," Lynn said.
And the cost of litigation doesn't scare the city. Leone said South Bend can handle the possible lawsuit.
"Our job is to understand the law and advocate our position in court,” Leone said. “That’s part of the function of the legal department. It’s not going to cost a lot of additional money to defend it.”
The Council's vote on this was issue was very close: 5 to 4. And the council attorney's response to Americans United is dividing council members even more.
"Partnerships tend to be a good thing with schools, businesses and other non-profits," said Ann Puzzello, A Council member that represents the 4th District in South Bend.
But Henry Davis Jr., a Council member from the 2nd District, has a different opinion.
"How do you gage a public return if you haven't done a study on the logistics of the project? You haven't done an analytical study to see how many businesses are going to come in,” Davis said.
Council members are not changing their votes.
It’s unclear how long Americans United will take to decide if they will press charges.
WSBT tried to contact St. Joseph’s High School for a reaction and haven't heard back from them.
