"It's a church, and people coming there will treat it as such," Egan said. "We are pleased that the judge saw that and agreed with the zoning board's original decision."

Once the building permit is issued, fundraising for the new center will begin, Egan said, adding that groundbreaking to begin construction is at least one year away.

The diocese submitted a concept plan to the borough for the center in May 2002, which was approved by zoning officer Rochelle Paletta.

Later, the diocese reviewed the plan and increased the size of the structure from 17,803 square feet to 21,773 square feet.

Zoning Board Chair Herman Slaybaugh approved the plan after the increase in size in September 2004, prompting reactions from within the community.

"I said it was a church and I approved it because it had a religious function," Slaybaugh said.

The State College Zoning Hearing Board overturned Slaybaugh's decision in February by way of a 2-1 vote, stating that the proposed center was more of a student center than a church.

Kistler said in his written opinion that a section of the State College zoning ordinance permits a church in a residential, or R-2 zone. However, he added that a church or place of worship is not explicitly defined in the ordinance.

"This court believes a 'church' is defined by the expectations of the people at the building, and the soul of those present. A church, by any denomination, is devoted to the study of faith," according to the written opinion of Kistler.

College Heights Association member Donald Hopkins and his wife Mildred Hopkins live behind the site of the proposed center and appealed Slaybaugh's approval last November.

Slaybaugh said as long as the purpose of the area was to promote the Catholic religion, regardless of the percentage of the building designated as a chapel, it was a church.

Association members were also concerned that the construction of the center would require several historic buildings to be demolished in the area and that it would decrease the property

value of the surrounding property.

However, the Diocese filed an appeal in March, and Kistler ruled in favor for the Diocese's appeal last Thursday.

According to Kistler's decision, many of the association's concerns about the new building are unfounded and he has ordered that the borough issue a building permit to the Diocese within 30 days.

"Some things have become apparent [throughout the case]... one is the intensity of feeling in the neighborhood. Second is the weakness of the [zoning] ordinance," Hopkins said.

Caroyln Kunz, president of the association, said the group will meet later this week to discuss possible courses of action in response to Kistler's decision.

"We need to meet with our attorney and assess our situation so that we can make an educated and realistic ruling," she said. "The majority of the residents are very disappointed. It's a setback for us."

Collegian staff reporter Rebecca Short contributed to this report