Lawsuit Can't Stop Demolition of Memphis Church for CVS
By Gwendolyn Purdom | Online Only | Dec. 22, 2010
A Memphis judge refused to grant a temporary injunction last week against the proposed sale and demolition of a vacant 1914 church building in the city's Midtown neighborhood, allowing CVS to move forward with plans to erect a pharmacy in its place.
Last August, the Memphis City Council approved the project, and the National Register-listed Union Avenue United Methodist Church is under contract to the pharmacy chain for $2.3 million. Preservation groups disputed the sale, arguing that it violated a 2000 agreement negotiated by the National Trust for Historic Preservation, and intended to prevent major drugstore chains from tearing down National Register-listed properties for new stores. The agreement, however, was deemed by the National Trust Law Department to be not binding this year, when the Memphis case came to light, despite the fact that it had prevailed in many instances earlier in the decade.
Memphis Heritage thought it had found a way to combat demolition in late August, when its researchers discovered the 1912 deed to the church in city archives. The document included a covenant that states "and assigns forever, in trust, that said premises shall be used, kept, maintained and disposed of as a place of divine worship for the use of the ministry."
Encouraged by the discovery, Memphis Heritage located two descendants of the deed's signers, who agreed to file suit against the church's former congregation, now part of St. Luke's United Methodist Church. The suit claimed that congregants had violated the terms of the 1912 deed. On Dec. 16, Shelby County Chancellor Walter Evans ruled in favor of the former congregants.
June West, executive director of Memphis Heritage, says she hopes the plaintiffs, Melody Logan of Clinton, Miss., and her brother, Laforest George of Collierville, Tenn., will appeal the case, but ultimately the decision is up to them. If demolition does move forward, West says, CVS may have a hard time finding customers in the area: more than 2,000 Midtown residents have already signed a petition to boycott the new pharmacy.
"There has been a tremendous, ongoing letter-writing campaign, e-mail campaign, contact campaign [to CVS] to at least respect the community enough to make an appearance in Memphis," West says. "They have not. This is their approach to everything. And the frustration I have is that Walgreens has honored the National Trust agreement for the most part; I haven't found a case where they've ignored it. CVS seems to be ignoring it more and more, and this is going to open the floodgates for all other pharmacies to go and ahead and just ignore it."
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Comments
Submitted by Save Greenville at: March 30, 2011
In Travelers Rest, SC, they destroyed a beautiful historic, prominent house for a hideously ugly Rite Aid building and the vile thing never even opened. There needs to be a law unconditionally forbidding the demolition of any building built in the 1930s or earlier. I don't go to CVS or Rite Aid.
Submitted by just say no at: February 1, 2011
My advice -- continue to fight CVS -- they use bully tactics, but stand up to them -you can accomplish more than you think. They are headquartered in our state RI -- we never shop there. They are known here for underhanded dealings politically as well. The promised jobs often destroy more jobs than promised. They add seas of asphalt parking with a few spindly trees, usually poorly maintained. They try to put the same ugly "brand" signage and building in every neighborhood no matter what the surroundings. They destroy the look and feel of many neighborhoods.
Submitted by abberblab at: January 28, 2011
"The document included a covenant that states "and assigns forever, in trust, that said premises shall be used, kept, maintained and disposed of as a place of divine worship for the use of the ministry."" It seems to me a much stronger argument could be made that this deed precludes the adaptive re-use of the building, not its demolition. Just sayin'.
Submitted by LI Lily at: January 27, 2011
A number of small family stores were lost in my Long Island neighborhood to make room for the gigantic CVS Pharmacy. Besides that, the local pharmacy, Health Food Store and Convenience Store all eventually had to close due to loss of customers. Everyone did their shopping at CVS. I think I hate that store! I do try to avoid it.
Submitted by sistersue at: January 19, 2011
Yes, they knocked down 3 historic houses, and a historic terminal and 3 200yr old beach trees.in Lockport, New York for 3 riteaids (one was a CVS for a few yrs). get used to it the new non-profits are drugstores and banks. LOL
Submitted by sistersue at: January 19, 2011
CVS knocked down historic trees, thats right folks, people really cared about those historic beeach trees! Anyway, that 24 hr (thats what every violating drugstore claims) CVS lasted about 3 yrs and is now another rightaid. Not to mention the 3 historic houses demolished for a riteaid and the historic terminal knocked down for another riteaid. let them just knock down everything for the new nonprofits,LOL drugstores, and banks,
Submitted by nolo contendere at: January 9, 2011
How two faced of corporations like WalMart and now CVS to say they want to be socially responsible members of a community, only turn around and destroy that very said same community. Pathetic. No more shopping CSV for me.
Submitted by David K at: January 6, 2011
SImple Solution: Boycott CVS
Submitted by JLD in GA at: January 4, 2011
This makes me sick to my stomach. I gave CVS the benefit of doubt when they walked away from an historic area in Athens. No more...
Submitted by Dystopos at: January 3, 2011
As a matter of corporate policy, CVS and its developers should agree to be bound by their agreement regardless of the court's attitude about its legal enforcement. Memphis residents deserve better treatment from the people who want them to become loyal customers. Certainly local groups would be happy to work with CVS to find better sites that satisfy everyone's needs and don't leave such a bitter taste.
Submitted by Maija at: January 2, 2011
CVS tried to build on a residential/buisness intersection closeby in Rockland Maine. A church stood on the corner, not very old and certainly not as beautiful as the Memphis church. However the residents fought CVS, and won. The property is still for sale. It has been 2-3 yrs., and haven't seen hide nor hair of CVS reps.
Submitted by danny at: January 1, 2011
I guess I won't be buying anything else from CVS pharmacy.
Submitted by Stardanser at: December 30, 2010
Here in Columbus Ohio a few years back the historic landmark Kahiki Polonesian Restaurant and Night Club was demolished for a Walgreen's Pharmacy. Is this a pattern for these big companies and has it happened elsewhere?
Submitted by Ket at: December 30, 2010
CVS has managed to locate in historic buildings in Philadelphia. I wish they would do the same in this case and reuse the Memphis church. What an utter shame otherwise!
Submitted by Oldbrickhousefarm, Wilkeson, WA at: December 29, 2010
This story underscores how very at-risk many historic properties are, & the weak standards in most communities protecting even Register properties against both demolition or demolition by neglect.
Submitted by Thumper at: December 29, 2010
The people at CVS are idiots for wanting to destroy such a beautiful building. It can easily be adapted and reused as a pharmacy - any interior architect could redesign the interior layout to be efficiently used as a pharmacy. Its done all over the country, all the time, with former churches, banks, etc. CVS will ensure their own destruction by ignoring the wishes of the community, and the former congregation's board should be investigated for fraud and embezzlement!!!
Submitted by Agitated at: December 29, 2010
It is a shame on humanity that money matters most. If the congregants no longer wish to use the building, surely some business could re-purpose the building as it is.
Submitted by Pataroo at: December 29, 2010
This story should be on national news, maybe Oprah's show or Good Morning America. I for one would boycott CVS in California. I lived in Memphis for 8 years and it is such a lovely city. I hope the appeal goes through.
Submitted by Dr.G. at: December 29, 2010
I think that the destruction of a National Registered Landmark is deplorable just so CVS can put a drug store there and I think that it is correct for the people of the town to boycott the store for life. I don't agree with the judge in the case and it should be appealed by descendants who are related to ones who are on the original title for the historic church. I sincerely do hope that the ruling of the judge will be overturned and that this historic landmark will remain standing as a place of worship and not a drug store.
Submitted by ProperLady at: December 29, 2010
This is the second time I've read of CVS ignoring historic neighborhood designations. I will never shop there again if this church is demolished. And we should all walk away from the chain.
Submitted by MEM at: December 29, 2010
I stopped shopping at CVS last year due to a similar issue. CVS has become a monster, building oversized stores on seemingly every street corner. I find their corporate vision distasteful and refuse to do business with them any longer. There are plenty of other stores...haven't stepped into a CVS in over a year and can't say I've missed them at all.
Submitted by cubfan at: December 29, 2010
After reading that CVS is apprentlyinsensitive to preservation as well as law, I will do the same in south Florida what Memphis residents are doing and that is to discourage residents in my area to find a different drfugstore to do business with.
Submitted by susan stilwell at: December 29, 2010
CVS demolished the Dan River Mills Recreation Center to build a new store. I vote with my money....have NEVER and will NEVER spend another dime at CVS.
Submitted by TaxiManSteve at: December 29, 2010
Maybe we should picket them all! That might send corporate headquarters a message.
Submitted by Just Another Jennifer at: December 28, 2010
This makes me not want to shop at ANY CVS.
Submitted by TaxiManSteve at: December 22, 2010
Methinks once CVS does it, the other chains will follow. Will have to follow. As these historic structures often occupy the most desirable locations in a city. And with their economic clout, they will not be denied. ---SWL