Posted on 06/22/2007 3:14:54 PM PDT by Alex Murphy
Seven Southern California congregations previously affiliated with The Episcopal Church were sued on multiple counts in civil court recently. For at least one it will be the third time it will face an ownership challenge over title to the church property.
The Domestic and Foreign Missionary Society of the Protestant Episcopal Church USA, the corporate arm of The Episcopal Church, is a plaintiff against all seven, four of which were formerly part of the Diocese of Los Angeles. The other three were previously affiliated with the Diocese of San Diego. The seven continue to worship at the same locations they used when they were part of The Episcopal Church.
Lawyers representing the Diocese of Los Angeles, The Episcopal Church and St. James’ Anglican Church in Newport Beach presented oral arguments in the California Court of Appeal 2nd District June 18. In 2005, a lower court ruled in favor of the parish and ordered the diocese to pay the attorney and court fees for the defendant. The Presbyterian Church, U.S.A., has also notified the court that it may be affected by the decision. The diocese and national church are appealing the verdict as well as the decision to award attorney and court fees. The suit also names the church leadership as individuals. Appeals against St. David’s, North Hollywood, All Saints, Long Beach and St. Luke’s, La Crescenta are pending.
The Diocese of San Diego and the national church filed papers in San Diego County Superior Court June 18 against the parish corporations of St. Anne’s Parish, Oceanside; Holy Trinity Parish, San Diego; and St. John’s Parish, Fallbrook. The filings ask the court to uphold the principle that the Episcopal Church is a hierarchical church, and as such, the decisions of that hierarchy establish the leadership of parishes, according to a release by the diocese.
This is the third time the diocese has brought suit against St. John’s. Previously it argued that the vestry automatically disqualified itself as trustees of the St. John’s corporation when the members voted to affiliate with the Anglican Church of Uganda. A judge issued a summary judgement in favor of the parish and that decision was upheld on appeal.
Ping
Satan tries that tactic whenever he can. It's like the time Satan challenged God to a baseball game. God said, "You have no chance--I have all the best players." But Satan said, "Yes, but I have all the umpires."
It sure is a good thing we have an Advocate.
I can see the ECUSA’s side in this. A church facility, much like a school, does not really belong to the people who inhabit it at any given time to wit, now. It belongs to all those who came before, those who are there now, and generations yet to come.
Yet, given the ECs abominable current state of disarray, screw’em. These church bodies are merely holding the properties to save them from ultimate liquidation by the infidel.
One of the pithiest FR Religion Forum statements ever.
It is difficult to see how this supports the ECUSA side. TEC (formerly ECUSA) abandoned the traditional faith of those who came before and have in effect invented a new religion. It is also intends to deprive all of the future generations of those who will keep the faith from use of the property. TEC was taken over by a progressive femnist cadre that has worked for year to drive out all of the faithful leaving only those like themselves in the Church. The FORMER Episcopal Churches are the ones who truly reflect those who came before, and who will come after in Christ's church.
Sorry, should read “has” not “have”.
I’d ask for sanctions against the denomination, their lawyers, and their leaders.
Legal Beagle Ping
No list was used.
It sounds like these churches broke away from ECUSA and aligned with a more conservative primate. Since that CAN happen in Anglicanism, it would seem that the issue of hierarchy is subordinate to that possibility in the anglican denomination. In short, it can be done in their denomination.
Calif. laws regarding incorporation and ownership are not in favor of large churches claiming some kind of esoteric ownership of property when there is someone who is actually listed on legal documents as trustees and owners. I don’t remember the case, but I think it was a methodist church, and the Calif. courts upheld the ownership of that church residing with the trustees actually named for that corporation. There was something about Calif. law that made that possible in Calif, but not necessarily in other states.
Do you recall what that something was?
My sister’s church, in an attempt to move away from its Episcopal diocese, has taken a unique approach.
First, let me say that they seem to be very Bible-oriented people who disagree with where the Episcopal church is headed and its unbiblical teachings, including liberal approaches towards homosexuality.
In short, they are paying no money to the diocese official church account. The diocese owns the building. Instead, they have set up another financial entity, and everyone donates to that.
These means that the dioceses is getting zero money from them, not even enough to maintain the building and pay the pastors and staff. So the money the disocese is spend on the building and staff is draining the regional fund, even crippling it.
The church uses the private fund to pay for ministries, etc. They have plenty of money to do the things they have to do.
The diocese may become so desperate that they must sell the building. Guess who will buy it? And if not, the local body has enough money to build their own church if they must move.
This is a good model to use in your local churches if you have a denominational connection that is corrupt (theirs is highly infected).
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The parish shoudl file a frivolus lawsuit claim against TEC, and ask for damages..
We lost a few members when Jefforts-Schori was elected PB, but mostly we recognize that the problems that afflict the rest of the church aren't going to happen here in the foreseeable future.
But the TEC's apparent willful determination to destroy itself is very disturbing.
A school was built by the government using taxpayers' money and is owned by the government. A church is built by a private corporation (the parish's vestry), is paid for by the parish, and is owned by the parish. There is no commonality. It's also useful to remember that a great many parishes built their churches and obtained deeds to them prior to TEC asserting ownership over them by passing the "Dennis Canon" in the 1970's.
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