With construction on track to start in a matter of weeks, heated debate over roadwork near a historic Catholic church in Jordan continues to simmer.

In an appeal filed last month, the Church of St. John the Baptist claims that a Scott County judge was wrong when he ruled this spring that the city could use eminent domain on two tiny triangles of church land at the intersection of two state highways.

The legal battle, over easements on less than 100 square feet of property, is near the heart of a debate over the future of Jordan's downtown.

Some residents have long opposed city plans to replace street signals and widen the crossroads of Hwys. 282 and 21, arguing that it's short-sighted planning that will compromise the community's historic downtown. Many parish members fear the planned work will harm St. John's, and the church fought the city in court this spring over the easements, which the city says it needs for sidewalk improvements and a new signal pole.

The church's unusual legal argument hinges on a state law that bars cities from putting a road through property owned by a religious group without permission from that group's governing body. It's a rule that also applies to cemeteries, and one that was presumably intended to maintain quiet on religious grounds, according to the city's attorney.

But in district court, the city argued that a sidewalk is not a road, but rather the place where pedestrians stand when they do not want to be in the road. Judge Michael Fahey sided with the city but specified that the easements could not be used for a street.

The city is moving ahead with plans to start construction in August, before the clock runs out to spend half a million dollars in state funding. Work was supposed to start in early summer, but the church's challenge and city efforts to come up with a compromise have delayed the $3 million project, said Ed Shukle, Jordan's city administrator.

City leaders say road widening is needed to accommodate growth in the city of 5,000, where the population is expected to more than double by 2030. Traffic at the intersection has increased by more than 50 percent in the past six years, and state transportation experts have estimated the intersection will drop from a "B" to a "D" grade in the next five or 10 years.

But some of the residents who picketed City Hall last fall and spoke out at public meetings have argued that the plans pave the way for downtown Jordan to become a place people drive through rather than to.

And for the church, the fight over the easements isn't just about guarding two corners of land; it's about protecting a 150-year-old parish that church leaders hope will be here for another 1,000 years.

"Whatever we decide here will affect the church forever," said the Rev. Timothy Yanta, pastor at St. John's. "We're not going anywhere."

Many parish members are worried that a wider road will mean more noise from traffic, and some fear that vibrations from cars and construction could damage the loose-stone foundation of the church, built in 1889.

As for the easements, they'll allow the city to bring traffic that much closer to the sanctuary, which isn't set back from the road that far to begin with, said church attorney Larry Martin.

The Minnesota Court of Appeals could hear oral arguments on the church's appeal by the end of the year.