Posted on 10/28/2005 6:21:39 PM PDT by sionnsar
Three Southern Californian Anglican churches came one step closer to severing their ties with the Episcopal Church U.S.A. on Thursday while maintaining their property.
Orange County Superior Court Judge David Velasquez ruled that the national denomination did not have a valid claim of ownership to the local parishes’ land and buildings, Lynn Moyer, the attorney for All Saints church in Long Beach and St. David’s church in North Hollywood, told the Long Beach Press Telegram.
The three parishes have been locked in a battle over property ownership issues with the Episcopal Diocese of Los Angeles since August 2004 when they decided to split from the denomination over doctrinal disputes. Central to the disputes was the understanding of homosexuality and the denomination’s decision to ordain a gay bishop and allow the blessings of same-sex unions.
The ordination of the gay bishop also sparked an international furor that nearly split the 77-million worldwide Anglican Communion. Top Anglican leaders from around the world are currently meeting in Egypt to discuss, in part, the divisions within the church.
Valesquez’s decision may not hold global implications, but it could impact other parishes around the United Statese that have decided to break away from the ECUSA. Valesquez was also the judge who ruled in August against the Los Angeles diocese in a similar suit against St. James Parish of Newport Beach. Since the judge affirmed that St. James is the rightful owner of its property, six other parishes in Florida announced their intention to leave the denomination.
The St. James case is, however, being appealed.
Meanwhile, in Thursday’s decision, Velasquez gave the ECUSA an opportunity amend its complaint if it could find different facts on which to base its claim. Velasquez also awarded court costs of $61,107.60 to the defendants.
According to the Long Beach Press Telegram, Velasquez reiterated earlier findings that the deeds of property, articles of incorporation and state statutes supported the claims of the parishes to keep their property. He said the Episcopal Church staked its claim on the property "solely on Canonical law," and found it insufficient.
The ECUSA has 20 days to amend its complaint to Thursday’s decision. The local parishes will then have 20 days to reply, and both sides are due back in court on Dec. 1.
Traditional Anglican ping, continued in memory of its founder Arlin Adams. Presbyterians take heart! Anyone want to file a test case against the PCUSA?
There is at least one case in litigation in California. It involves a Korean congregation which left the PCUSA for a Korean only denomination. If you need more info, I'll dig it out for you.
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