A motion by the Town of Elma seeking a permanent injunction against the Rev. Albert J. Albano and his wife Esther was dismissed today in Supreme Court by Justice John S. Marsh.
The town alleged that use of Bethesda Farm on Stolle Rd. for religious services and distribution of holy water “with a curative value” was a violation of the town’s building and zoning ordinances.
Justice Marsh ruled, after completion of the plaintiff’s case, that there was no proof of “unlawful use” to warrant an injunction.
Justice Marsh said the evidence indicated large numbers of persons gathered at the farm but that the meetings had “a religious rather than a commercial significance.”
No Evidence Shown
Despite testimony about 1957 newspaper advertising referring to sale of the holy water, Justice Marsh ruled that “no business use has been established.”
He said there was no evidence of any commercial sales by the Albanos subsequent to June 1958, when the “Lord’s gatherings” began at the farm.
Referring to witnesses’ testimony that the gatherings constituted a “nuisance,” Justice Marsh said that anyone affected by unlawful conduct by persons on the property has a proper legal remedy through a criminal action.
Wilbur P. Trammell represented the Albanos and Robert E. Walsh was counsel for the Town of Elma.
The gatherings were described as “a public nuisance.”
Mrs. Electa Wells, daughter of the Rev. and Mrs. Albert J. Albano, testified:
“I have no objection to a quiet meeting and no objection to water, but I do object to noise and having a parking lot outside my door.”
“Shouting and Singing”
Mrs. Wells, whose home at 1190 Stolle Rd. adjoins her parents’ farm, testified that there were meetings in the summer of 1958 with “as many as a couple of thousand” persons. She said many came in buses, which were parked along Stolle Rd.
Questioned about the noise that reached her home, she said in appearing as a town witness against her parents: “The windows and doors were shut and the TV was on but the noise from the outside would almost raise you off the couch.”
The noise was described as “shouting and singing—if you could call it such.”
An audience which filled the courtroom to overflowing Tuesday caused Justice Marsh to direct that all seats be reserved for witnesses.
“God’s Spring Water”
Max Frey, Supreme Court clerk, who also is a commercial photographer, was summoned as a witness by Mr. Walsh. Mr. Frey testified he took photographs of a well on the premises and also of various signs on Mr. Albano’s property for the Town of Elma.
He testified that he did not hear any noise when he visited the premises and that several persons took water away with them when they left but none paid Mr. Albano any fee for the water. He added that the premises were clean and tidy.
Ralph Simme, town building inspector, testified he issued a permit for a sign which read: “God’s spring water, come in and drink freely.”
Mr. Simme also testified he issued a permit for a springhouse as a structure but not for any public use of it.
