“A descendant of a Freeland pioneer has failed in her attempt to reclaim property donated years ago to Trinity Lutheran Church.Island County Superior Court Judge Vickie Churchill said, in effect, that Trinity Lutheran can keep its old church building and parts of the adjoining parking lot. Linda Marshall Topp lost her case against Trinity Lutheran in a summary judgement issued Aug. 18 by Judge Churchill.We’re very happy about that, the church’s pastor, Jim Lindus, said Tuesday. If we were guilty of anything it was only of trying to serve the community.In 1954 Topp’s grandfather, Austin Marshall, gifted 0.8 acres of property at Highway 525 and Woodard Road to the church congregation, which built a sanctuary on it. Years later, in 1996, a new sanctuary was built on additional land, and the original building was used as church offices and a meeting place for community groups. In addition, part of the original property was used for a park and ride commuter lot in an agreement made with the state Department of Transportation. Included is a handicapped parking area and bus shelter.In her complaint, Topp said the new uses of the old church building and using part of her grandfather’s land as a commuter parking lot and bus stop violated a restriction on the 1954 deed, which states, Should no church building be placed on said land withing three years . . . or should one be abandoned, or unused for church purposes for a period of one year at any time the land hereby conveyed shall revert to the grantor . . . the land in no wise should be used for other than church purposes.In her decision, Churchill wrote that the church continues to use its old building for church related activities, and that its theology emphasizes service within the community as ministry in daily life. This, Churchill stated, may include helping the community with a park and ride lot, or providing shelter to travelers in bad weather, or showing compassion to handicapped riders of the transit system by allowing them to park closer to the transit pick up point, or sharing church facilities with members of the community.Churchill added that Topps may disagree with the theology of the church, but it is not the function of the court to determine the proper religious doctrine of any particular church or religion.Lindus said the church had confidence in the arguments raised in its defense by Seattle attorney David Swartling, but he couldn’t be sure of victory until the judge issued her decision. It kind of weighs on you, he said. It came as a relief to us.Coincidentally, the church is about to embark on a building project to expand its service to the Freeland community. There’s no place in Freeland for kids, Lindus said. We’re trying to create those things.Ground will be broken Sunday, Aug. 27, for a $1.5 million building project that will include a full size indoor basketball court for the community’s use, as well as new nursery, classroom and kitchen facilities. “