Attorney Views Church Decision As Compromise

The recent Armenian Holy Trinity Church decision has not freed the University from compliance with city zoning ordinances, according to an attorney associated with the case.

In a letter to the CRIMSON, Paul G. Counihan '39, who represented the Armenian Church in the litigation, characterized the outcome as a compromise, rather than as a victory for the Church.

This compromise, which Church officials had rejected early in the proceedings, permitted construction to a height of 46 feet.

Although this decision has been interpreted by some as a "victory" for the University and other "tax-exempt" institutions, Counihan pointed out that the Cambridge Board of Appeal "has expressly ruled that Harvard University is subject to compliance with the zoning ordinance, and I am reliably informed that its rulings in the future will not be affected" by the Armenian Church decision.

"The University would be quite unwise," he concluded, "in assuming its freedom from the application of the Cambridge Zoning Ordinance."

Charles P. Whitlock, assistant to the President, said yesterday that "it has always been University policy to behave as if Harvard were subject to the zoning ordinances." University construction has conformed to requirements wherever possible, and when any discrepancies have occurred in regard to height or set-back, it has applied to the Board of Appeal for a variance ruling.