BOSTON — A federal judge has ruled against Egypt House of Marblehead, which claims it is an Orthodox Christian monastery. The judge denied a preliminary injunction that would have banned Marbehead and state tax officials from inspecting the property.
Egypt House, led by Father Andrew Bushell, sought a preliminary injunction in federal court. CURRENT PHOTO / WILL DOWD
U.S. District Court Judge Brian E. Murphy issued the decision Thursday, ruling that Marblehead-based Egypt House failed to establish a likelihood of success on the merits of its religious discrimination claims.
Assistant Attorney General Aaron Macris, representing Mark J. DeFrancisco, chairman of the state’s Appellate Tax Board, argued that by ordering the inspection, DeFrancisco was “following the letter of the statute in a neutral way,” making his actions constitutionally permissible.
The ruling allows town assessors to proceed with an inspection of the property at 12 Conant Road, which Egypt House purchased in June 2022 and claimed qualified for religious tax exemption as a chapel, clergy residence and retreat center.
Egypt House had sought to block specific town officials — particularly naming John Kelley, chair of the Board of Assessors and Matthew Provencher, town counsel, — from conducting the inspection and to prohibit photographing or handling religious objects within the monastery. The organization’s attorney, attorney Tracey M.A. Stockton, contended during the hearing that such actions would desecrate consecrated religious space.
During that hearing, Stockton argued that allowing certain town officials to conduct inspections would violate Orthodox doctrine and harm Bushell’s religious standing.
“If Father Andrew were to break or ignore the holy canons, he would be subject to deposition … and a trial of excommunication,” Stockton told the court. “It is not possible to admit laity into the chapel… and for laity to touch the holy objects, the holy vessels, the holy altars or to photograph the same.”
That characterization was disputed by attorney George Rockas, who identified himself as an active Orthodox Christian while representing members of the law firm Mead, Talerman & Costa, who are being sued in their capacity as Marblehead’s town counsel.
“When they say you cannot photograph in the church, you cannot photograph icons, for example, is simply not true,” Rockas said. “You just have to go online and see photographs of icons on church websites.”
Murphy had cautioned against debating theology during the hearing but ultimately sided with town officials in his written decision.
Attorney Leonard H. Kesten, representing town officials including Assistant Assessor Todd Laramie and the Board of Assessors, suggested the dispute belonged in state court.
“This case is a waste of time,” Kesten said during the hearing. “It’s a simple procedure. They want to go in; the assessors want to go in.”
He also expressed skepticism about Bushell’s religious claims, stating, “The concept that somebody professes to be a Christian and spends his time suing people and yelling at people is terrible. But as I understand the Christian faith, you turn the other cheek and you treat everybody well.”
The monastery filed a 400-page federal civil rights complaint on March 13, naming as defendants the town of Marblehead, the Board of Assessors, town counsel and the chair of the Massachusetts Appellate Tax Board. The suit alleged violations of First and Fourteenth Amendment rights, conspiracy to interfere with civil rights and impairment of civil rights under Massachusetts law.
The complaint followed the state Appellate Tax Board’s order permitting an inspection to verify Egypt House’s religious use claims after the Board of Assessors denied its request for tax exemption in September 2022. Before seeking federal intervention, Egypt House had unsuccessfully attempted to block the inspection in state court.
The inspection, which had been temporarily stayed pending the court’s decision, may now proceed under the Massachusetts law that requires property owners seeking tax abatements to allow inspections of property they claim is exempt from taxation.
This case is part of a nearly three-year dispute be between Bushell and entities associated with him, and Marblehead officials. In January 2023, the Shrine of St. Nicholas, which controls two adjacent properties Bushell oversees, sued Marblehead in Essex Superior Court after the town revoked its longstanding religious exemption for 120 Pleasant St. and denied a tax abatement for 124 Pleasant St.
Egypt House’s broader religious discrimination claims will continue toward trial, but the judge’s ruling ensures that town officials can inspect the Conant Road property before those claims proceed.
