Divine Redeemer Parish reaffirmed its intent to demolish the former convent known as the Herbst House during continued testimony late last month in a court-ordered hearing before Sewickley Council.
The hearing — remanded by Allegheny County Court of Common Pleas after council denied the demolition in April 2023 — is focused on whether the structure can be salvaged and whether the parish has demonstrated sufficient economic hardship to justify tearing it down.
The Rev. Brian Noel, pastor of Divine Redeemer, testified March 26 that the parish has no plans to sell or restore the long-vacant building, instead seeking to convert the space into outdoor recreation for its school and parish community.
“We don’t have any need for the use of the structure as it sits now,” Noel said. “We do have a lot of need for continual recreation space.”
St. James School, which serves 127 students from 19 congregations, lacks adequate outdoor space, Noel said.
Despite that position, testimony revealed the parish has received multiple offers to purchase the property, including a March 19 offer from the Pittsburgh History & Landmarks Foundation for at least $500,000. Noel said the parish is not interested in selling.
“We want the land,” he said, noting the property sits on a single parcel and is not separately zoned.
Attorneys for the parish argued that preservation proposals — including those involving grants and tax credits — do not align with the church’s mission.
“We are not in the business of being historical preservationists,” said parish attorney Robert Ridge.
Borough solicitor Nate Boring countered that demolition is not the only viable option, arguing the original structure may be salvageable even if later additions are removed.
“Stabilization and weatherization can protect the building now,” Boring said, adding that a future buyer could rehabilitate the property if it were sold.
A key issue in the case is whether the parish can afford restoration.
Certified public accountant Heather Baranowski testified that it cannot. She said the parish has about $1.1 million available, including roughly $400,000 in cash — enough to cover less than four months of parish expenses.
Baranowski estimated a $4.7 million restoration project would require about $30,000 in monthly debt payments, or $360,000 annually.
“There is no way that this parish could undertake additional debt service,” she said.
However, under cross-examination, Baranowski acknowledged she did not evaluate the building’s structural condition or potential marketability.
David Klobcar, a senior project manager with MDM Surveyors & Engineers, described a structure in severe disrepair, with water damage, rotting materials, missing bricks and compromised floors and ceilings.
“You’ve got failed systems across the board,” he said, concluding demolition was the only practical option for the parish.
Still, Klobcar acknowledged that with sufficient investment, a third party could potentially rehabilitate the building.
“There are fixes for everything, but it all comes at a cost,” he said.
The hearing stems from a court order by Judge Mary C. McDinley, who ruled the parish had not been given the opportunity to cross-examine the borough’s engineer and directed council to gather additional evidence on whether the building is structurally salvageable.
Proceedings were paused after three of 10 expected witnesses testified. The parish has two witnesses remaining, while the borough plans to call five.
A date for the continuation of the hearing has not yet been set, as officials work to coordinate multiple attorneys, witnesses, council members and a court reporter.
Council members declined to comment following the first day of testimony.
How we got here
The house was built in the late 1800s. It was owned by D.C. Herbst of the Independent Natural Gas Co. and Standard Oil Co.
The home was sold to the church in the early 1900s for $12,000. It became the first home of St. James School when it was dedicated on Dec. 6, 1913, according to church records.
The three-story mansion has been vacant for about three decades. It has deteriorated, primarily due to water leaking from the roof. Vegetation also reclaimed a portion of the property.
The parish several years ago requested permission to demolish the Herbst House along Broad Street, citing unsafe and deplorable conditions, as well as it being too costly to repair, but the Sewickley Historic Review Commission recommended denying the parish’s demolition request on Aug. 1, 2022.
The commission at the time heard from people in favor of the building’s demise, including the Catholic Diocese of Pittsburgh’s attorney, a structural engineer, parishioners and the Rev. Brian Noel, who became its pastor in May 2020.
They also heard from 10 speakers who opposed the demolition, including other engineers and architects, as well as residents. Four letters supporting its restoration were read into the record prior to the vote.
Borough council had delayed acting on the recommendation for months after members of the Pittsburgh History & Landmarks Foundation lobbied to keep the house standing.
Council eventually voted 6-0 on April 11, 2023, to stand by its historic review commission’s recommendation and not allow the Herbst House to be knocked down.
Councilman Tom Rostek recused himself from the vote after announcing he has been a member of the parish for 25 years.
Catholic Diocese of Pittsburgh officials appealed council’s decision to the Allegheny County Court of Common Pleas.
The diocese claimed it was not afforded due process because it was denied the opportunity to confront and cross-examine the borough engineer regarding his findings of the property, court documents read.
Judge Mary C. McGinley issued an order in December 2023 and remanded the case to council.
After several correspondences with attorneys, preservation groups and parish officials, a hearing was eventually scheduled for March 26.
Engineers from both parties were able to evaluate the property weeks ahead of time.
All exhibits intended for use at the hearing were to be exchanged by March 19 except for noncritical exhibits like photographs.
No public comment is being taken due to the nature of the hearing.
Its purpose is to supplement the evidentiary record on the limited issues of structural salvageability and the Diocese’s economic hardship claim pursuant to the Sewickley historic districting ordinance.
Council is expected to vote sometime shortly after its conclusion and issue its issue supplemental findings of fact and conclusions of law.
That information will then be filed with the Allegheny County Courts for Judge McGinley to review.
The judge will then determine if it all meets applicable legal standards to support whatever decision council makes.
Other procedural steps include a status conference to address whether additional legal briefs need to be submitted by both sides, and to determine next steps to make sure McGinley has everything needed to make a final ruling.
Either party would have the right to appeal her ruling to Commonwealth Court.