nashuatelegraph.com
Jan. 14, 2005

Judge allows purchase of St. Francis Xavier to continue

By ALBERT McKEON, Telegraph Staff
[email protected]

Published: Thursday, Jan. 13, 2005

ENLARGE PHOTO
Staff file photo by Don Himsel
A judge has rejected parishioners’ bid to halt the sale of St. Francis
Xavier, shown here in 2002. Order this photo
ST. FRANCIS XAVIER’S HISTORY
This is a timeline of recent events involving St. Francis Xavier Church.
SEPTEMBER 2002 – St. Stanislaus and St. Casimir churches close. St.
Stanislaus merges with St. Louis de Gonzague Church, and St. Casimir merges
with St. Patrick Church. St. Francis Xavier Church parishioners succeed in
delaying the closure of their church.
DECEMBER 2002 – St. Francis Xavier Church Foundation forms, aiming to
preserve the religious aspects and architectural value of the building.
MARCH 2003 – St. Francis Xavier Church closes, and the parish merges with
St. Louis de Gonzague.
FEBRUARY 2004 – Diocese of Manchester puts St. Francis Xavier on the market.
St. Francis Xavier Church Foundation offers to buy the property from the
diocese for an undisclosed amount after a fund-raising drive. Diocese does
not comment on offer.
MAY 2004 – Diocese announces it has entered into a 90-day, purchase-and-sale
agreement for $1 million with a representative of the Armenian Orthodox
Church.
NOVEMBER 2004 – Hillsborough County Probate Court rules the diocese will not
violate intent of an 1885 deed if the property is sold to another religious
institution. The deed’s terms protect the donation of the land by an old
manufacturing company.
JAN. 12, 2005 – A civil lawsuit filed by former parishioners and the St.
Francis Xavier Foundation is dismissed. The judge rules that parishioners
cannot prove the diocese will violate the deed. The court also cites First
Amendment protections for the diocese, and does not rule on the
parishioners’ complaint that the closure process was unfair.

NASHUA – The Diocese of Manchester has cleared another legal hurdle in its
move to sell the century-old St. Francis Xavier Church to the Armenian
Orthodox Church.

A judge dismissed a civil suit filed by former parishioners and
architectural preservationists, ending another battle over the French Hill
church’s closure. A probate court has already upheld the potential $1
million sale, and the transaction apparently needs only the final approval
of the Armenian Orthodox Patriarchate of Jerusalem.

`The faithful parishioners of St. Francis Xavier are disappointed the
diocese has defaulted in its commitment to French Hill,’ said attorney
Randall Wilbert, who represents the protesting group of parishioners and
preservationists. Wilbert said he does not know if the group intends to file
an appeal.

Hillsborough County Superior Court Judge William Groff handed down the
ruling last Friday, and it was publicly released Wednesday.

A linchpin of the case was a 119-year-old deed granted by The Jackson Co., a
textile manufacturer that donated the hilltop land on which the building
sits. A deed stipulation is the land must always hold a place of religious
observance.

In November, a Hillsborough County Probate Court judge ruled that the
proposed sale follows the precepts of the deed. Groff recognized that
ruling.He did grant the former parishioners legal standing on any deed
challenge because they are beneficiaries of the statutory trust in which the
presiding Catholic bishop oversees St. Francis Xavier property.

But Groff found no evidence that Bishop John McCormack, as the trustee,
would use sale proceeds for any other purpose than the benefit of these
former parishioners. Any contrary claim is `hypothetical’ and the suit
failed to establish `a present controversy, definite and concrete,’ Groff
wrote in his dismissal.

St. Francis Xavier merged with St. Louis de Gonzague Church in 2003, so the
proceeds should be earmarked for the West Hollis Street parish. The diocese,
through attorney Ovide Lamontagne, repeated Wednesday that the merged church
would receive any sale profits.

`Today’s decision provides stability and clarity to a very painful process
for the people in Nashua,’ Lamontagne said. `But I know for Bishop
McCormack, as difficult as it is to take these actions in these communities
and parishes, he’s responsible to answering to the task force and (in) his
responsibility as a trustee.’

The task force referred to by Lamontagne oversaw the closing of three
downtown Catholic churches. A group of parishioners and clergy recommended
closing St. Francis Xavier, St. Casimir and St. Stanislaus churches, and
McCormack approved the decision.

But many parishioners of those now-defunct churches complained the task
force was an empty vehicle, and that church hierarchy had predetermined the
parishes for closure. St. Francis Xavier parishioners protested the loudest,
and delayed the shutting of their parish. But many have since moved on,
either to St. Louis de Gonzague or other churches.

The small group of former parishioners who have kept fighting had pinned
great hopes on the civil suit. They want to block the sale, and sought the
court’s opinion on the closure and merger process.

Groff, though, stayed clear of the work of the diocese and task force. He
cited the diocese’s First Amendment right to free exercise of religion. The
parishioners had claimed their rights were suppressed in the process, but
Groff found `the Court would clearly be required to become entangled in
church doctrine or ecclesiastical law, over which the secular laws has no
authority,’ the dismissal said.

The Diocese of Manchester has a $1 million purchase-and-sale agreement with
local real estate developer Vatche Manoukian, who has said he intends to
donate the property to the Armenian Orthodox Church. Manoukian, through his
attorney, Gerald Prunier, has said he identified a potential parishioner
base for the church.

An approval from Archbishop Torkom Manoogian, the Armenian Orthodox
Patriarchate of Jerusalem, is imminent, Lamontagne said.

Wilbert said his clients are not disappointed in the court – particularly
Groff’s stance on constitutional issues – but rather are dissatisfied with
the diocese for having them seek no other avenue than legal recourse.

`They’ve been nothing but faithful, but now they have to wear their emotions
on their sleeve,’ Wilbert said.

Francis Bonner, a former parishioner, said, `Naturally, we’re all
disappointed.’ He withheld further comment until he could read Groff’s
dismissal.

Georgi Hippauf was not a St. Francis Xavier parishioner but is an ardent
supporter of preserving the building as a religious institution. Hippauf
does not object to the Armenian Orthodox Church claiming the old parish as a
home, but she wonders if it will have enough support to thrive.

`We have not abandoned our game plan,’ she said. `We have opportunities to
make it right, to at least ensure it’s not used for anything but religious
purposes. After all this time, though, fighting it . . . it’s devastating.
It seems likes the bad guys are winning against the good people, ordinary
people.’

Albert McKeon can be reached at 594-5832 or [email protected].

New Zealand Herald
Jan 15 2005

System of A Down all fired up

System of A Down

by Rebecca Barry

It’s common to hear American rock stars bagging the war in Iraq.

But few have System of A Down’s personal connections. Daron Malakian,
guitarist and songwriter for the American metal band, has family
living in Iraq.

“It’s brought out a lot of good songs,” he says, chatting from his LA
living room. “The last few years of my life have been a crazy
rollercoaster ride. There’s these people who go, ‘Yeah, go ahead and
bomb them’ and my grandmother lives there.”

A handful of those songs are about to be road-tested when the band
play the Big Day Out but fans will have to wait for the album if they
want to hear the rest. Then they’ll have to wait again.

SOAD plan to release two albums, Hypnotize and Mesmerize, six months
apart. It was a decision born out of sheer necessity – Malakian had
spent so long writing that by the time the band had reached the
studio, there were too many good songs to ignore.

“We don’t believe in double albums,” he says. “I think the attention
spans of people these days can’t cope with them.

“In the 60s and 70s kids were frying their brains on acid and a bunch
of them would sit down and commit themselves to listen to Tommy or
something. I dunno, maybe there’s not enough kids on acid anymore.”

Aside from 2002’s odds-and-sods collection, Steal This Album!, it’s
been a long time since fans have had any new music from the band.

“It takes me such a long time to write songs,” he says. “They have to
be great, I have to wait until I’m a huge fan of them. I would rather
write four, five, six great songs than 10 shitty ones.”

Malakian is coy about revealing too much but he says there will be
more vocal interaction between himself and frontman Serj Tankian, and
that emotion will remain at the core of their sound. And if it’s
possible, he promises Hypnotize/Mesmerize will outdo the
schizophrenic nature of their breakthrough Toxicity, an album that
incorporated Slayer’s breakneck riffs, Faith No More’s complex sense
of melody and the Armenian folk music the band members – also
including bassist Shavo Odadjian and drummer John Dolmayan – were
brought up listening to.

Their uniquely abrasive style quickly soaked up a huge following and
Toxicity sold more than four million copies worldwide. Malakian
laughs when he recalls someone urging them to tour in Iceland because
they were apparently as big as Michael Jackson there.

But before that, it was a different story.

“People would say to us, ‘You guys will never get signed’. We
accidentally became rockstars I guess. It’s strange to think that
four Armenian guys who make the kind of music we do would be in this
position.”

Now that they are, SOAD use their profile to throw a spotlight on the
issues they are passionate about, and that’s not just the war. (One
of the band’s most memorable projects was a collaboration with
anti-Bush campaigner Michael Moore for their music video, Boom!.) The
band are also committed to raising awareness about the genocide of
the Armenian people early in the century. However Malakian, who was
born in Hollywood, is the only member of the band not to have visited
his country.

“We have plans to play there. But it’s an emotional thing. I’m
worried that if I go there – with the troubles with Turkey and
everything – that I’ll leave feeling more depressed.”

It’s not the only thing on his mind. Malakian admits to feeling
“freaked out” by the tragic events that saw ex-Pantera guitarist
Dimebag Darrell gunned down at a concert last month. The incident
reminded him that fame is a part of the job he will never get used
to. Just from chatting for a few minutes, it’s easy to tell Malakian
is a genuine, down-to-earth, nice guy.

“None of us think, ‘Hey, I’m a rockstar. I’m Daron and I’m no
different to who I was before. But it’s weird when you’re signing
autographs and these kids come up to you and their eyes turn
different. We saw this girl break a CD once and she was slicing her
body and going ‘Shavo! Shavo!’ And you can tell it freaks him out
because Shavo’s face turns white.

“I get so [expletive] nervous because I just feel like, wow, nobody’s
special. Some guys know all there is to know about plumbing. I know
just a little bit about music.”

THE PROTEST GROUP

WHO: System of A Down

MEMBERS: Singer Serj Tankian, guitarist Daron Malakian, bassist Shavo
Odadjian and Drummer John Dolmayan.

ALBUMS: System of A Down (1998), Toxicity (2001), Hynotize/Mesmerize
(due this year).

FORMED: Southern California in the mid-90s.

TRIVIA: Serj Tankian has looked at buying property in New Zealand.

Azer Tag, Azerbaijan
Jan 15 2005

MOSCOW READY WITHIN OSCE MINSK GROUP TO PROMOTE SETTLEMENT OF NAGORNY
KARABAKH CONFLICT
[January 14, 2005, 21:15:51]

As correspondent of AzerTAj informs, on January 14, the Ministry of
Foreign Affairs of Russia has disseminated the message on the next
round of consultations on the Nagorny Karabakh problem which have
taken place on January 10-11 this year in Prague between Minister of
Foreign Affairs of Azerbaijan Elmar Mammadyarov and Minister of
Foreign Affairs of Armenia Bardan Oskanian with participation of
co-chairmen of the Minsk Group of OSCE on behalf of Russia, the USA
and France.

In the message of the Ministry of Foreign Affairs of the Russian
Federation it is noted that Moscow is satisfied with meetings of the
Armenian and Azerbaijan sides at various levels, including at the
level of presidents and in frameworks of the “Prague process’, have
got regular character. The Armenian and Azerbaijan representatives
during consultations under the international aegis consider
practically all aspects of the situation connected to the Nagorny
Karabakh conflict. Among them are such sharp ones as withdrawal of
armies, demilitarization of territory, the international guarantees,
status of Nagorny Karabakh, etc. In connection with discussed
questions, are marked certain motions in rapprochement of views of
Yerevan and Baku and their conceptual approaches. Both sides confirm
readiness to continue teamwork, being guided on necessity to achieve
reduction in intensity around of the Nagorny Karabakh problem and
accordingly improvements of position in the entire all region of the
South Caucasus.

It is noted that agreements of the sides are entered in the same
context to continue realization of the adopted earlier decision on
sending to the occupied territories around Nagorny Karabakh missions
of the OSCE Minsk Group for establishment of the facts, and also to
prepare a new meeting of presidents of Armenia and Azerbaijan in the
summer of this year in Warsaw.

In Moscow, as before, it is expressed readiness together with other
participants of the OSCE Minsk Group to promote deepening of mutual
understanding between Armenia and Azerbaijan with a view of
settlement of the Nagorny Karabakh conflict by negotiations and peace
way.

Azer Tag, Azerbaijan
Jan 14 2005

FOREIGN MINISTER OF AZERBAIJAN MEETS DELEGATION OF JAPAN
[January 14, 2005, 22:01:31]

Foreign minister of the Azerbaijan Republic Elmar Mammadyarov has met
on January 14 the delegation led by the senior vice-foreign minister
of Japan Ichiro Aisava.

Noting that the official visit of nationwide leader of Azerbaijan
Heydar Aliyev to Japan in 1998 has given strong impulse to
development bilateral relations between two countries, the Minister
expressed pleasure with the existent high level of the friendly and
cooperation ties, and hoped for further development of them. Mr.
Mammadyarov thanked the government of Japan for the rendered
humanitarian assistance and grants for a number of economic projects
and underlined the necessity of investing in the non-oil sector in
Azerbaijan as well.

Touching the Armenia-Azerbaijan, Nagorny Karabakh conflict, updated
the guests on the recently held Prague negotiations. The Minister
expressed necessity of execution of the resolutions adopted by the UN
Security Council and other international organizations on settlement
of the conflict by peace way and on the base of international legal
norms, in the frame of territorial integrity and inviolability of
borders.

Mr. Ichiro Aisava said that he attaches great importance to
development of the links with Azerbaijan noting that he supports
expansion of the bilateral cooperation.

Speaking of the Armenia-Azerbaijan, Nagorny Karabakh conflict, Mr. I.
Aisava emphasized importance of continuation of talks and expressed
hope for quick solution of the problem with efforts of the
international community.

The sides also focused other questions of mutual interest.

Azer Tag, Azerbaijan
Jan 14 2005

FOREIGN MINISTER OF AZERBAIJAN MEETS AMBASSADORS OF GREECE AND
UZBEKISTAN IN BAKU
[January 14, 2005, 23:17:44]

Foreign minister of the Azerbaijan Republic Elmar Mammadyarov on
January 14 has met ambassador of Greece to Azerbaijan Merkurios
Carafotias on completion of his diplomatic mission and the newly
appointed ambassador of Uzbekistan to Azerbaijan Ismatill Ergashev.

Expressing his gratitude for attention he was shown during his
activity in Azerbaijan, the Greek ambassador said he did his best for
development of relations between Greece and Azerbaijan. He stated his
confidence that his successor would also continue working in this
direction.

Minister Elmar Mammadyarov highly assessed the Ambassador’s activity
for development of bilateral relations, also noted that visit of the
Greek president to Azerbaijan had positive influence on the
cooperation of both countries, added that these relations would
further successfully develop.

Minister Elmar Mammadyarov congratulated the Uzbek diplomat Ismatill
Ergashev on his new appointment and expressed hope that the
cooperation between Azerbaijan and Uzbekistan would develop in the
years ahead.

Speaking of expansion of the relations between two countries,
increase of cooperation in all fields and existent opportunities, the
Ambassador said he would do his best for development of the
Azeri-Uzbek economic links.

Minister Elmar Mammadyarov has informed on the Armenia-Azerbaijan,
Nagorny Karabakh conflict, on the ongoing negotiations and expressed
gratitude to the ambassadors for fair position of their countries
related to the problem.

Mr. Mammadyarov wished success to the Greek ambassador in his further
activity and received copy of the credential of the Uzbek ambassador.

RIA Novosti, Russia
Jan 14 2005

MOSCOW HAILS PROGRESS TOWARD KARABAKH SETTLEMENT

MOSCOW, January 14 (RIA Novosti) – The Russian foreign ministry has
circulated a report noting certain positive shifts in Yerevan’s and
Baku’s conceptual approaches to Karabakh settlement.

On January 10-11, Prague was the venue of a routine meeting between
Armenian Foreign Minister Vardan Oskanyan and his Azeri counterpart
Elmar Mamedyarov with the participation of the co-chairmen of the
Minsk OSCE group on Karabakh settlement (Russia, the USA and France).

“Moscow is delighted to note that meetings between the Armenian and
Azeri sides on various levels, including summits and Prague dialogue,
have assumed a regular nature,” says the report.

Azeri-Armenian consultations under the international aegis have
proved to consider virtually all aspects of the Nagorny Karabakh
conflict.

“These include such disputes as the withdrawal of the Armenian
troops, demilitarization of this territory, international guarantees
and the future status of Nagorny Karabakh [Armenian enclave on
Azerbaijan territory, a self-proclaimed republic],” says the report.

“Both sides confirm their readiness to continue joint work with a
view to abating tensions around the Karabakh problem and consequently
improving the situation in all the South Caucasian region.”

“The sides can be only praised for their agreement on advancing in
the implementation of the earlier-made decision to send a
fact-finding Minsk OSCE Group mission to occupied territories in the
Karabakh zone as well as on seeking to stage an Azeri-Armenian summit
in Warsaw this summer.”

“As before, Moscow is ready to assist together with other
participants in the Minsk OSCE Group in an ever deeper mutual
understanding between Armenia and Azerbaijan so as to attain Karabakh
settlement through peaceful talks,” concludes the Russian foreign
ministry’s report.

ArmenPress, Armenia
Jan 13 2005

NEW POLICE DIVISIONS TO FIGHT INTELLECTUAL PROPERTY CRIMES

YEREVAN, JANUARY 14, ARMENPRESS: Armenian Police press office
denied today some press reports that new divisions in the police set
up to fight against crimes committed in the area of intellectual
property would replicate notorious Soviet-time departments, which
were fighting against embezzlement of public funds.
A press release, distributed by the press office, said such
divisions exist in all developed countries. It said Armenia as a
member of the World Trade Organization (WTO) has assumed obligations
to fight intellectual property violation crimes.
The police said fighting against copy rights crimes is important
in terms of ensuring economic development, adding also that such
crimes are punishable under Armenia’s new Criminal Code.

ArmenPress, Armenia
Jan 13 2005

UNEMPLOYED IN ARAGATSOTN RELUCTANT TO TAKE VACANCIES

ASHTARAK, JANUARY 14, ARMENPRESS: The official unemployment level
in the province of Aragatsotn is 1.7 percent, but experts of the
local employment center put the figure far higher, citing the
reluctance of the unemployed to apply to the center in search of
jobs.
According to the latest population census, the province is home to
126,000 people, of which 1,392 have the status of unemployed. Unlike
in the capital of the province, the town of Ashtarak and rural
settlements located on foothills, where there is very difficult to
find a job, there are vacancies for teachers, doctors, drivers and
firemen in mountainous villages.
The local employment center is trying to offer these jobs to the
unemployed, but low wages and lack of other tolerable conditions make
these vacancies unattractive. In an effort to improve this situation
the government plans to provide some privileges to people who would
wish to take up these vacancies.

ArmenPress, Armenia
Jan 13 2005

NATURAL GAS OPERATOR SUSPENDS SUPPLIES TO 3,000 APARTMENTS

YEREVAN, JANUARY 14, ARMENPRESS: Hayrusgazard specialists together
with representatives of local authorities across Armenia have
revealed 6,065 instances of violation of natural gas use safety rules
after examining around 22,000 homes between December 23 and January
10.
he extensive campaign was prompted by an unprecedented wave of
carbon monoxide poisoning cases resulting from gas leaks by home made
heaters. The authorities ordered to suspend gas supplies to more than
3,000 apartments and mansions.
The majority of violation cases were revealed in Shirak
province-1,380 instances. Inspection of 260 apartments in a newly
built quarter, Ani, revealed that virtually all residents there
ignored safety rules.
Hayrusgazard, the sole natural gas operator, said it will continue
inspections until the end of winter heating season.

Cyprus Press and Information Office: Occupied Northern Cyprus
Jan 14 2005

Sources on what Erdogan asked from Putin on Cyprus and more on Cyprus
from Erdogan’s visit to Moscow

Ankara Anatolia (11/01/05) reported from Moscow that the Turkish
Prime Minister Recep Tayyip Erdogan expressed his expectation during
his meeting with Russian President Vladimir Putin that Russia would
support the end of the so-called isolation of the occupied by Turkish
troops territory of Cyprus, sources said on Tuesday.
Noting that Erdogan asked Putin to contribute to the solution of the
Cyprus problem during their meeting, the same sources said that
Erdogan also asked Putin to be beside Turkey during talks regarding
Cyprus in the United Nations (UN) Security Council.

The same sources quoted Erdogan as saying in the meeting: ”We expect
Russia to support end of isolations of North Cyprus. The Cyprus
problem can be solved with the good offices of the UN. Guarantor
state Turkey supports this mission. And, the European Union (EU) will
naturally make a positive contribution to the solution of the Cyprus
problem.”

Ankara Anatolia (11/01/05) further reported from Moscow that the
Turkish Prime Minister Recep Tayyip Erdogan has stated that the
Cyprus issue should be resolved within the United Nations and not the
European Union. After a meeting with the Russian President Vladimir
Putin and Turkish businessmen, Erdogan replied to questions from
journalists. In reference to a question on solution of the Cyprus
issue and lifting the so-called isolation of the Turkish Cypriots,
Erdogan remarked that there is no change in the Annan Plan. ”The
process related to Cyprus is going on. Turkey’s position is firm and
unchanged. Cyprus is an issue that should be resolved within the
framework of the United Nations and not the EU,” said Erdogan.

Furthermore, Istanbul NTV television (11/01/05) broadcast that
Russian President Vladimir Putin said that he supports the efforts of
the UN Secretary-General and the Annan Plan in connection with the
solution of the Cyprus problem.

On the second day of his Moscow visit, together with Putin, Prime
Minister Erdogan called on businessmen. Pointing out that bilateral
relations have reached the level of multilateral partnership, Erdogan
expressed support for Russia’s membership in the World Trade
Organization. Putin, in turn, said that the volume of bilateral trade
can be increased to $15 billion, adding that political dialogue lies
at the bottom of commercial and economic partnership.

The Cyprus problem was also on Putin’s agenda. Noting that the
developments pertaining to Cyprus were discussed, Putin expressed
support for the efforts of the UN Secretary-General and the Annan
Plan. The isolation imposed on the Turkish Cypriots is not fair, the
Russian president stressed, adding that the matter is sensitive and
one must act delicately. Putin also remarked that Russia’s stand with
regard to the report to be submitted to the UN Security Council will
depend on the document to be submitted to the council.

In reply to a question, Putin also commented on the Armenian issue.
Pointing out that Russia could act as a mediator or a guarantor with
regard to Armenia’s problems with Azerbaijan and Turkey, Putin said:
“We are ready to do our utmost”.

From: Emil Lazarian | Ararat NewsPress