Applying the neutral principles of law approach, we conclude that the general church, not the local church, owns the property in question. Although the deeds to the property have long been in the name of the local church, that church agreed from the beginning of its existence to be part of the greater church and to be bound by its governing documents. These governing documents make clear that church property is held in trust for the general church and may be controlled by the local church only so long as that local church remains a part of the general church. When it disaffiliated from the general church, the local church did not have the right to take the church property with it.
In a separate opinion Judge Kennard states, "I agree with the majority that the Protestant Episcopal Church in the United States of America (Episcopal Church) owns the property to which St. James Parish in Newport Beach (St. James Parish) has held title since 1950. This conclusion is compelled by Corporations Code section 9142, subdivision (c)(2). But I disagree with the majority that this provision, which applies only to religious corporations, reflects a “neutral principles of law” approach."
The decision makes clear that parish property is held in trust for the general church, a finding that would seem to make it unlikely that churches that left the Episcopal Diocese of San Joaquin to join the Anglican province of the Southern Cone will be successful in retaining their property.
From the Episcopal Café. There's more at their site.
Finally, good news out of California.
Thanks to Being Peace for the tip.
Wouldn't you love to be a fly on the wall in San Joaquin?
ReplyDeleteBP, it doesn't get their new year off to a good start, does it? Why did the folks who left ever think they could take the property? Only Virginia is out of step. That decision may have to go to the Supremes.
ReplyDeleteYippeee!!!
ReplyDeleteThe other upside is that +Orombi of Uganda can now devote himself to the horrid on-the-ground circumstances that the ¨witch hunt¨ he instigated against LGBT Anglicans/Christians and all OTHERS has created at all levels of society...it´s not as if Uganda is a model of moral authority to begin with, afterall, raging war, tribal upsets, corrupt government, human exploitation and Henri Orombi´s hallucinations regarding Homosexuality being imported to Uganda are BAD NEWS nood GOOD...so glad Henri, can import a little SUPREME COURT wisdom and common sense back to his homeland...THOU SHALT NOT STEAL!
ReplyDeleteLeonardo Ricardo, sorry, that was me above.
ReplyDeleteLeo, thank goodness! I thought it was aonther Anonymous making its way here. Anonymice, who don't sign their posts, really get under my skin.
ReplyDeleteI heard it here first. w00t! You have brightened my day, Mimi.
ReplyDeleteI think it is indeed good news, but I found my reaction curious. I saw the headline in an email from the Episcopal News Service, excitedly opened it and read the article, and found myself... underwhelmed. Somehow the victory felt pyrrhic. What did we win exactly? At what cost? Now that they've won the buildings, who will occupy and pay for them? What was the point exactly?
ReplyDeleteIt's funny, because I opposed the leavers trying to take the property, supported the church's attempt to keep it, and I didn't ask these questions when the lawsuits started. The leavers had done wrong, and the church had the right to defend itself against thieves. I was thoroughly unconvinced by the folks who beat us about the head with the Bible, again, for suing other Christians. I thought I'd be overjoyed to hear that the church had won.
I haven't parsed this feeling, so I'm not making any point really. Perhaps there was nothing else that could be done under the circumstances, but in the event I don't seem to be taking much joy in winning. So FWIW I guess I felt the need to share.
Wilfried, I was of two minds about involving the courts in the disputes. I'd have preferred that negotiations might have worked.
ReplyDeleteOn the other hand, it's absurd for those who leave the Episcopal Church, whether bishops, priests, or lay folks, to think that they can take the buildings with them as in a congregational church.
I go back and forth, because a lot of money is going to lawyers, money that could be better spent, but deep down, I believe that justice is served in this instance.