Posted on 12/08/2006 7:22:14 PM PST by sionnsar
Lawyers for The Episcopal Church did not add "anything legally material" to the case against three former Episcopal congregations that left the Diocese of Los Angeles with their property in 2004, according to Orange County Judge David Velasquez, who dismissed the last remaining lawsuits against the congregations earlier today.
Judge Velasquez originally dismissed the appeal last October, but allowed lawyers to amend their complaints. The original suit was dismissed in favor of the parishes last year. California and a handful of other states rely on neutral principles of law in deciding property disputes among churches and similar voluntary organizations. The majority of states defer to the organization's hierarchical bylaws.
Neither the diocese nor the national church has a rightful claim on land, buildings or items such as hymnals and prayer books, Judge Velasquez ruled. The Dec. 7 hearing was attended by lawyers for St. James', Newport Beach; St. David's, North Hollywood; and All Saints', Long Beach. Lawyers for the national church and John Shiner, who represents the Diocese of Los Angeles, participated via teleconference.
After the verdict, Mr. Shiner expressed disappointment with the decision and said it would be appealed. He could not immediately be reached for follow up comment.
Eric Sohlgren, St. James' lawyer, told the North County Times the decision is a milestone.
"The court has ruled repeatedly that in California an organization cannot confiscate someone's property simply by passing an internal rule," he said, as quoted by the Times."It would be like belonging to an auto club and the auto club saying that because you're a member, the auto club gets to confiscate your car. It's just not the law in California and the court has been very consistent with that."
There is one final legal issue remaining for the court to decide, according to Mr. Sohlgren, who told the Times that after the lawsuit was filed against it, St. James' sued the Diocese of Los Angeles on the theory that the diocese had previously assured the congregation that it would never bring a claim against the parish property. As status conference on that complaint will be held in about 60 days, Mr. Sohlgren said.
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Traditional Anglican ping, continued in memory of its founder Arlin Adams. Good news. This should encourage the Diocese of San Joaquin.
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