In January 2015 the congregation asked for a property tax refund, and the city denied that claim.

The issues, Lanford wrote, were whether the property was “exclusively used” for religious purposes and whether it is “necessary for (the) location and convenience of buildings,” which are both required by state law to be exempt from property tax.

The congregation maintains that the Way of the Cross is an exclusively religious use, while the city said few religious services are held there, and the area is instead used by the public, including to walk dogs.

Just 20 prayer services were held there in 2013 and 26 in 2014, but because the Way of the Cross is always open for religious contemplation, Lanford said the property is used exclusively for a religious purpose.

“While the organized religious services taking place at the property are sporadic, this does not mean that the religious significance of the imagery on the property is lessened,” Lanford wrote.

But it was the second prong where the lawsuit fails, Lanford said. The congregation argued that the property is necessary for the construction of a new cathedral and necessary for the convenience of other nearby church properties, such as St. Patrick’s Church and Holy Redeemer Church.