Legal News (Page 3)

Legal News (Page 3)

Keep up to date with legal news.

In addition to news articles below, the Texas judicial system maintains a list of each action on the case related to our diocese on their page, along with links to documents.

Click here to view the court’s records related to this case.

Update on Oral Arguments Before the Texas Supreme Court

On October 16, 2012 the Texas Supreme Court heard oral arguments in our diocesan case involving a faction of former leaders who broke ties with The Episcopal Church but continue to hold themselves out as leaders of the Episcopal Diocese with access to its historic property. Immediately following those arguments, the Court heard arguments in the Masterson case involving a similar breakaway faction from Good Shepherd Episcopal Church, San Angelo. Thomas S. Leatherbury, a partner of Vinson & Elkins, LLP,…

Local Episcopal Parties and Congregations File Motion to Present Most Recent Updates to Texas Supreme Court (Update)

On October 10, 2012 the Local Episcopal Parties and Congregations filed a motion for leave to file an Additional Brief, to address pertinent case law developments and new filings submitted after the parties concluded their briefing. A copy of the brief is here. This summer, there have been several important developments in the case law. The United States Supreme Court denied petitions for writ of certiorari filed by two breakaway factions urging the exact same arguments as the breakaway Defendants…

Orange County Court grants two Los Angeles properties to diocese, Episcopal Church

[The Episcopal News, Los Angeles] Final Judgments in favor of the Diocese of Los Angeles and the Episcopal Church in cases regarding Long Beach and North Hollywood property disputes have been entered by the Orange County Superior Court. “The judgments conclude the trial court portion of the cases and declare that the diocese holds the properties in trust for the current and future mission of the Episcopal Church,” said diocesan attorney John R. Shiner. “It is ordered, adjudged and decreed…

Episcopal Parties File Additional Brief with Texas Supreme Court

On October 10, 2012 the Local Episcopal Parties filed an additional brief with the Texas Supreme Court, in anticipation of the oral arguments scheduled for Tuesday, October 16, 2012 in Austin in our diocesan case and also the parish case from the Diocese of Northwest Texas. A copy of the brief is here. As a reminder, please call Chancellor Kathleen Wells at 817.709.4207 if you plan to go to Austin to sit in on the arguments live. Also recall that…

More Details on Oral Argument October 16, 2012

We are delighted that the Texas Supreme Court has set oral arguments in the Fort Worth and Northwest Texas (San Angelo) cases for October 16, 2012 to begin at 9:00 a.m. in the Supreme Court’s Courtroom in Austin. General information regarding oral arguments before the Court is posted on the Court’s website at www.supreme.courts.state.tx.us/oralarguments/oa.asp. In the Fort Worth case, general information regarding case events, with direct links to the various pleadings, briefs, and other documents filed in the case, is located…

Texas Supreme Court agrees to hear Fort Worth Episcopal dispute

By Patrick M. Walker of the Fort Worth Star-Telegram The nearly 4-year-old property dispute between the two groups that claim to be the Episcopal Diocese of Fort Worth is heading to the Texas Supreme Court. Justices agreed last week to hear oral arguments Oct. 16, the same day the state’s highest civil court was already set to hear a similar case involving an Episcopal church in San Angelo. A group headed by Bishop Jack Iker made a direct appeal to…

Texas Supreme Court sets date to hear oral arguments

The Texas Supreme Court has set October 16, 2012, as the date to hear oral arguments in the direct appeal by the breakaway defendants of the trial court ruling in the property litigation by the Episcopal Parties, first filed in April 2009. Arguments will begin at 9:00 a.m. and each side will be allotted 20 minutes. This is the same date the Court set previously to hear a similar case involving a church in San Angelo. In Masterson, a San Angelo…

House of Bishops unanimously passes Mind of the House Resolution by roll call vote

House of Bishops Recognizes and Commends the Leadership of the Diocese of Fort Worth and Other Reorganizing Dioceses The House of Bishops today (July 8, 2012) passed a Mind of the House Resolution unanimously by roll call vote. A Mind of the House Resolution: “Resolved, That Episcopalians in the Dioceses of Fort Worth, Pittsburgh, Quincy and San Joaquin – lay and clergy – be commended for their unflagging efforts to continue to witness to God’s mission as The Episcopal Church…

ACNA Defendants Ask Texas Supreme Court to Set Oral Argument on Breakaways’ Appeal

The Breakaway Defendants have filed a motion to expedite the setting of the oral argument in our diocesan litigation pending before the Texas Supreme Court. The breakaway parties cited as reasons their declining membership and donations, the defection of several of their key breakaway leaders to the Roman Catholic Church, and the reported pending internal Church disciplinary proceedings under ecclesiastical canon law against the seven retired or current bishops who filed papers against the position of The Episcopal Church and…

Fort Worth, Quincy seek affirmation on church’s ‘hierarchical character’

Request relates to court filings in property litigation By Mary Frances Schjonberg [Episcopal News Service – Indianapolis] Episcopal Church Diocese of Quincy Provisional Bishop John Buchanan and Fort Worth Provisional Bishop Wallis Ohl want the House of Bishops to “set the record on the polity of this church regarding its hierarchical character.” Buchanan and Ohl wrote to Presiding Bishop Katharine Jefferts Schori July 5 to make the request and the House of Bishops discussed their letter during a closed session here July 6. The house is…

Texas Supreme Court Resets Oral Argument in Northwest Texas Case

On June 22, 2012 the Texas Supreme Court reset the oral argument in the Masterson case, which is the appeal by a breakaway faction seeking to overturn the judgment in favor of the Episcopal Diocese of Northwest Texas and the loyal Episcopalians at Good Shepherd Episcopal Church in San Angelo. The argument will be heard on Tuesday, October 16, 2012 at the 9:00 a.m. docket in the Supreme Court Building in Austin. This case had been set for oral argument…

U.S. Supreme Court Refuses Breakaway Petitions in Georgia and Connecticut Cases

On June 18, 2012 the United States Supreme Court denied petitions for writs of certiorari in two important church property cases from Georgia and Connecticut. The Court’s orders left in place decisions favoring the Presbyterian and Episcopal churches, both hierarchical churches, which had faced challenges from breakaway factions. These orders make final the judgments below and now open the way to the Churches’ recovery of local church property for their respective missions and ministries. The Court’s actions mean that it will not…

Change in Scope of April 28, 2011 Hearing

In a telephonic hearing on April 27, 2011, Judge John P. Chupp told the parties that, on April 28 at 2 p.m., he will hear the parties’ arguments about whether to allow the Episcopal Parties to conduct discovery on the factual issues raised in Defendants’ Motion to Set Supersedeas Bond and the Local Episcopal Parties’ Motion to Continue Hearing on Supersedeas and for Additional Protection. He indicated that the parties should not bring witnesses to put on testimony about the…

Tennessee Court Rules in Favor of Episcopal Diocese in Property Dispute

On April 25, 2012 the Court of Appeals of Tennessee in Nashville issued an opinion in favor of The Episcopal Church’s Diocese of Tennessee in a property dispute with a breakaway group from St. Andrew’s Parish, Nashville. A copy of the opinion is HERE. St. Andrew’s Parish, Nashville asserted its intention to leave The Diocese of Tennessee. The Diocese filed a declaratory judgment action to determine whether it or the local congregation owned and controlled the real and personal property where…