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To: Vicomte13
Depends if Connecticut follows the "constructive trust" theory that obtains, for example, in California, or the autonomous/hierarchical test used by Georgia. The unilateral imposition of the Dennis Canon may be a dead letter if any kind of trust theory can be advocated.

I don't know how the "frivolity" rules in Connecticut work, but even if you hold mortgage AND the title (or a deed to secure debt), you cannot just walk in and change the locks on a tenant in possession. At a bare minimum, the bishop should have filed a dispossessory, and the parish was certainly entitled to a hearing. Contesting that is NOT frivolous by any stretch of the imagination.

In fact, I think a claim for wrongful eviction would be in order. I can't imagine that a liberal state like Connecticut doesn't have landlord-tenant laws slanted in favor of the tenant.

11 posted on 07/18/2005 6:10:43 PM PDT by AnAmericanMother (. . . Ministrix of ye Chace (recess appointment), TTGC Ladies' Auxiliary . . .)
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To: AnAmericanMother

All true, IF the vestrymen are a "tenant in possession".

Legally, though, the tenant may very well be the bishop and the diocese, and the congregation could be invitees, who can be excluded.

I have to expect that Episcopalians in Connecticut can get good legal counsel. So, if they haven't filed a TRO yet, I'd expect there's a reason. Maybe it's lacakdaisical lawyering, but I suspect it's that the case is not strong.


12 posted on 07/18/2005 7:23:36 PM PDT by Vicomte13 (Et alors?)
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