In most parish and diocesan by laws there is a canon that states that the parish has to have diocesan approval for any purchase, sale or borrowing and financing of parish properites. An orthodox parish has as much chance of getting that approval as a snow ball in ECUSA.
Parish by-laws can be amended, if the parish was foolish enough to put in such a provision in the first place. There are a couple of legal arguments that can be made as to diocesan bylaws, the obvious one being that if the parish has withdrawn, the diocesan bylaws wouldn't apply.
If the parish is in a 'neutral principles of law' state, the court should merely look to the recorded documents to determine ownership of the real estate. In other states, such as Virginia, statutes govern what happens in a split. And finally, there are states that defer to the church hierarchy.
A growing conservative church could get it.
Leaders like to flatter themselves about their contributions to growth. :>)
In any case, are there other financial cases from closing/offending parishes in which the denomination has argued against their financial responsibility for the debt/penalty of the closing/offending ECUSA church?