Posted on 08/12/2005 7:41:54 AM PDT by sionnsar
An effort by the six-county Episcopal Diocese of Los Angeles to claim ownership of buildings and other property of a conservative breakaway congregation in Newport Beach was tentatively rejected Thursday by an Orange County Superior Court judge.
St. James Church was one of three former Episcopal parishes to bolt from the diocese and national Episcopal Church one year ago over differences in church teaching and the national church's controversial decision to ordain an openly gay priest in a committed relationship with another man as bishop of New Hampshire.
The diocese sued St. James and two other breakaway parishes for the property after they severed ties and placed themselves under the jurisdiction of a conservative Anglican bishop in Uganda.
The Episcopal Church is the U.S. member of the worldwide Anglican Communion.
In the tentative ruling Thursday, Orange County Superior Court Judge David C. Velasquez said the diocese had not shown that it would probably prevail in the property dispute with the St. James congregation, a dispute that also involved issues touching on 1st Amendment freedom of speech rights.
"Plaintiffs have not presented evidence that title to the parish property has ever been held in the name of any person or entity other than the parish since the time it was conveyed to the parish," Velasquez wrote.
The judge also said the parish had made a prima facie case that it had been sued by the diocese after it had publicly disagreed with the national church's views on homosexuality and other issues by issuing press releases and severing its ties with the diocese.
"Such acts arise out of and are in furtherance of the defendants' exercise of the right to speak on a matter of 'public interest,' " Velasquez wrote. "How churches in America are reacting to the different viewpoints on homosexuality is currently a topic of much public significance."
Eric C. Sohlgren, an Irvine attorney who represents the congregation, cautioned that the judge could change his ruling. Additional arguments were to be heard Monday.
But Sohlgren said he was hopeful the parish would prevail. "If the court rules on Monday as it has tentatively ruled today, the case by the diocese and the other plaintiffs against St. James Church would be over," he said, adding that the tentative ruling confirmed the parish's contention that "St. James holds title to its own property."
Attorney Larry Ebner, who represented the diocese, told City News Service that the disagreements on church teachings were irrelevant.
"This is a case where the church is trying to get its property back," he said.
There has been no definitive ruling by the courts on the other two breakaway parishes, All Saints Church in Long Beach and St. David's Church in North Hollywood.
Traditional Anglican ping, continued in memory of its founder Arlin Adams. If these churches are successful in breaking away and keeping the property the national body is doomed. The only way they are able to keep the national organization together is with the threat of taking the property.
State law varies a great deal. In Georgia, for example, the bishop holds all the cards.
I am sorry to hear that, but as a former episcopalian, tell my brothers and sisters in Christ to come join me in the Bible believing Baptist Church.
Excellent news.
"slight correction: the church in California is doomed. California IIRC has a presumption that property is held by the parish, or in trust for the parish."
Actually, if this is upheld by the whole court, this is new in California. See my comments below re your second statement.
"State law varies a great deal. In Georgia, for example, the bishop holds all the cards."
Decades ago, the Bishop of N California had the sheriff lock the doors of the E church in Redding, California and won. The sin of the E's in Redding, they were behind on their diocessian assessment. The area was in rough financial times, and they told the Bishop they couldn't pay their assessments.
Hopefully, this case will change how our courts look at the ownership of each parish.
That's one of the interesting things about the breakup of ECUSA -- those of us who were Practically Roman were in the same denomination with those of us who were Practically Baptist, which just shows how the "big umbrella" worked well . . . until the heterodox liberals upset the apple cart.
Perhaps a free speech argument might change that result.
A diocesan assessment is probably a different matter, since it has nothing to do with doctrine, just contract.
Dear wmfights,
I'm not sure whether property issues will be decisive in determining the fate of the ECUSA.
If lots more folks leave, the church will have a lot of properties that go from being assets to being liabilities.
I'm not sure it will be an occasional church here and there. I think it will be a relatively large number of empty, shuttered parishes. It will be difficult to convert them all through sales into income-producing, rather than income-absorbing assets.
At best, the folks who are left over in the ECUSA will have some extra dough in the bank, but they may not have much left of a church.
sitetest
Wow. When was this?
I have not heard of many former Episcopalians going to the Baptist church. Most seem to go to Rome, the Continuing churches, or Orthodoxy. (And I am guessing in that order of proportion.)
I believe that it was in the 1960's. The Bishop was an iron fisted ruler.
That seizure scared the parishes and priests for decades. None of them wanted to get behind on their assessments.
Two retired priests who served under this Bishop said that for years afterwards, if a priest or senior warden from a parish argued or complained about assessments and other decisions. That bishop would just mention the Redding Parrish. They said the implied threat was never in jest.
Dear ornithman,
I think you may have posted to the wrong thread.
If you want to thread-hop, and take battles between threads, you should perhaps at least hop to the right threads. No?
In any event, I suspect you may be a re-tread, which would mean that by forum rules, you're a troll. As well, if that's the case, then you are cyberstalking me, and you need help. Desperately.
I'll leave it to the moderators to more accurately determine your status.
sitetest
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