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.

Bishop High issues statement in wake of Texas Supreme Court action

We found out today the Texas Supreme Court denied our motion to stay issuance of mandate.  Of course, we had hoped they would respond positively to our request.  In the wake of this decision, our legal team is preparing for the hearing next Thursday before Judge John P. Chupp.  We will keep you updated as things  progress. It is a slow process, but we will continue to move forward. +Rayford B. High, Jr.

Episcopal Parties File Motion to Stay Mandate In Anticipation of Appeal to U.S. Supreme Court

On March 25, 2014, the loyal Episcopalians of the Episcopal Diocese of Fort Worth filed a motion requesting the Texas Supreme Court to stay its mandate in anticipation of an appeal to the United States Supreme Court. A copy of the motion is HERE: Emergency Motion to Recall and Stay Issuance of Mandate or to Stay Enforcement of Mandate A copy of the Episcopal Parties’ reply to the breakaway faction’s response is HERE: Reply in Support of Motion to Stay…

Texas Supreme Court denies motions for rehearing

On Friday, March 21, 2014, the Texas Supreme Court denied the motions for rehearing of its August 30, 2013, opinions in the Episcopal Diocese of Fort Worth case and the companion Masterson case from the Episcopal Diocese of Northwest Texas. Both cases address fundamental Constitutional issues regarding the rights of American churches, including The Episcopal Church, to determine their ministers and internal governance and to maintain their churches and other property given for the mission and ministry of the Church.…

U.S. Supreme Court Ruling Leaves Falls Church Property in The Episcopal Church

On March 10, the U.S. Supreme Court denied the petition for writ of certiorari filed by a breakaway faction from the historic Episcopal congregation of Falls Church, Virginia. The order makes final the April 18, 2013 decision of the Supreme Court of Virginia that the continuing Falls Church Episcopal, founded in 1732, and not the breakaway faction that left in 2006, retains the church property. This case joins the long line of cases in which the nation’s highest court has…

Motion for rehearing – update

A brief update on the recent motion for rehearing: On Wednesday, October 23, the Texas Supreme Court requested that the ACNA parties file responses to the Episcopal parties’ motions for rehearing filed in the Fort Worth and Northwest Texas cases, respectively. The responses are due by November 7.

Motion for rehearing filed with Texas Supreme Court

On Friday, October 18 2013, attorneys for the Local Episcopal Parties and Congregations and attorneys for The Episcopal Church filed a motion for rehearing with the Texas Supreme Court of the case heard on direct appeal from the 141st District Court, Tarrant County. They laid out two points for rehearing: The Court’s retroactive application of neutral principles to this dispute is unconstitutional because the Court did not ‘clearly enunciate’ adoption of the neutral principles approach before this case. This Court should,…

Letter from Bishop Rayford High on next steps after Texas Supreme Court opinion

Dear Sisters and Brothers in Christ, After a day and a half back in the office, I want to share with you several very important things about our diocese. First, I will be meeting with our legal team and we are actively working on the next steps forward in the litigation. I have heard that some folks think we are giving up. That is not true. We will keep you as informed as possible as these plans unfold while still…

Statement from the Episcopal Diocese of Northwest Texas regarding the Texas Supreme Court opinon in the Masterson case

The Episcopal Diocese of Northwest Texas and the Episcopal Church of the Good Shepherd issued this statement on August 31, 2013 following the Texas Supreme Court’s opinion in the Masterson case. In Masterson, a San Angelo trial court and the Austin Court of Appeals both found that breakaway parties had no right to take historic Episcopal Church property that they had sworn to protect, just as the Fort Worth trial court found in our diocesan case. Dear Friends in Christ, We wanted to let you…

A letter from Bishop Rayford High following the opinion from the Texas Supreme Court

Dear Sisters and Brothers in Christ, On August 30, 2013 the Texas Supreme Court issued an opinion that sent our case back to the lower court for reconsideration. While it is a disappointment not to have a definitive decision, as followers of Jesus Christ, we live in hope. Presiding Bishop Katharine Jefferts Schori joins me in acknowledging our disappointment and urging all of us to be gentle with one another during this trying time, with the important goal of continuing…

Episcopalians react to Texas Supreme Court opinion

The Rt. Rev. Rayford B. High, Jr., bishop of Fort Worth; the Standing Committee, and the Board of Trustees of the Corporation of the Episcopal Diocese of Fort Worth are disappointed by the August 30, 2013 opinion of the Texas Supreme Court that failed to uphold the summary judgment of the 141st District Court, Tarrant County, Texas. That judgment granted the Local Episcopal Parties’ and The Episcopal Church’s Motions for Summary Judgments.

Letter from the President of the Standing Committee on the Conciliation

From Marti Fagley, President of the Standing Committee of the Episcopal Diocese of Fort Worth, on the recent conciliation meeting and settlement: Dear Brothers and Sisters in Christ, In June 2012, the members of the Standing Committee and our then provisional bishop, the Rt. Rev. C Wallis Ohl, submitted a Title IV complaint to the Episcopal Church Intake Officer, the Rt. Rev. F. Clayton Matthews. This internal Church disciplinary proceeding was initiated against seven bishops ordained by The Episcopal Church…

Settlement Reached on Disciplinary Complaints Against Bishops

The Most Rev. Katharine Jefferts Schori, presiding bishop of The Episcopal Church, has approved an accord reached between various complainants and nine bishops of the Church arising from three ecclesiastical discipline complaints filed under Title IV of the Church’s canons.  A copy of the accord is HERE. The accord arises from conciliation, or mediation, of complaints which alleged that the respondent bishops, purporting to act in their official capacities as bishops of The Episcopal Church, caused to be filed or…

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…