News (Page 88)

News (Page 88)

Episcopalians reclaim St Anne’s church in the Diocese of San Diego

[U-T San Diego, OCEANSIDE] — The Episcopal Diocese of San Diego reclaimed its Oceanside church on Sunday with its first service since a conservative faction seized control of the building four years ago. “It’s like a homecoming,” church member Jack Plummer said Sunday as he stood outside St. Anne’s Episcopal Church. “In the Old Testament, you read about a time of jubilation, and it’s one of those times.” In 2006, a majority of the congregation at St. Anne’s voted to…

Second Court of Appeals issues opinion on procedural matters

The Second Court of Appeals in Fort Worth issued an opinion late Friday, June 25, granting the Southern Cone parties’ petition for writ of mandamus regarding the order of the 141st District Court ruling on the Southern Cone parties’ Rule 12 motion. The Court’s decision said there is one Episcopal Diocese of Fort Worth and one Corporation of the Diocese of Fort Worth. The procedural ruling was based on Texas Rule of Civil Procedure 12 and expressly was not a…

Virginia Supreme Court Rules for Episcopal Church and Diocese of Virginia

The Supreme Court of Virginia issued an opinion on June 10, 2010 in favor of The Episcopal Church and the Diocese of Virginia. The decision addressed a dispute over the property of nine parishes whose leaders had left The Episcopal Church and had affiliated with the Anglican Province of Nigeria and its Convocation of Anglicans in North America (“CANA”). This decision turned on whether the specific dispute involving those parishes authorized those former Episcopalians to invoke the remedies of a…

Hearing in 355th District Court in Hood County

At a hearing on Wednesday, June 2, 2010, in the 355th District Court in Hood County, attorneys for the Episcopal Diocese of Fort Worth and attorneys for the Southern Cone entities presented arguments on several procedural matters in the case regarding St. Andrews Episcopal Church and the Cynthia Brants Trust. The Honorable Ralph H. Walton, Jr., ruled in favor of the Southern Cone entities on two matters and agreed to hear motions for summary judgment from both parties at the…

Court of Appeals heard oral arguments on the mandamus proceeding

The Second Court of Appeals heard oral arguments on the mandamus proceeding for the Tarrant County case on Tuesday, April 27. Both sides presented their statements with few questions from the panel of three judges. There is no deadline for the court to issue its ruling, which could come any time in the next few months. You can hear the entire proceeding here using the date April 27, 2010 and case number 02-09-405-CV.

U.S. Supreme Court denies petition to hear La Crescenta property case

[ Episcopal News, Los Angeles]  The U.S. Supreme Court today announced that it has denied a petition to hear an appeal from a breakaway congregation seeking claim to the property of St. Luke’s Episcopal Church of La Crescenta, California. The court posted its action, together with dozens of other petitions denied, on its web site. Meeting in conference on Feb. 26, the high court declined to hear the petition filed by St. Luke’s Anglican Church of La Crescenta, whose members voted…

Diocese of San Joaquin seeks return of property held by breakaway congregation

By Pat McCaughan, February 10, 2010 [Episcopal News Service] The Episcopal Diocese of San Joaquin went back to court Feb. 8 in an attempt to regain parish property held by a breakaway congregation, according to a diocesan press release. “Unfortunately, such litigation became necessary after the invitations of the diocesan bishop, the Rt. Rev. Jerry Lamb, to discuss the orderly return of the Churches were largely ignored,” according to the Feb. 10 release. “It is particularly disappointing given the recent…

Judge orders property returned to Episcopal Diocese of Pittsburgh

By Mary Frances Schjonberg, February 01, 2010 [Episcopal News Service]  A judge has told the organization headed by former bishop Robert Duncan that claims to have withdrawn from the Episcopal Church in 2008 that it must turn over control of the Diocese of Pittsburgh‘s assets. In a Jan. 29 order County Court of Common Pleas Judge Joseph M. James accepted as accurate an inventory of diocesan property submitted by a “special master” he had appointed earlier and told Duncan’s organization…

Diocese files response to petition for writ of mandamus

On January 19, 2010 the Episcopal Diocese of Fort Worth, the Corporation of the Episcopal Diocese of Fort Worth, and their attorneys filed with the Fort Worth Court of Appeals their response to the Southern Cone parties’ petition for writ of mandamus. Here is a copy of the response. The mandamus action arises out of the Tarrant County case in which the Southern Cone defendants challenged Judge Chupp’s September 16, 2009 order. The court of appeals can rule in the…

Court Filings in Fort Worth by Southern Cone Parties

In a continuing effort to delay a hearing on the merits of the case, Defendant Jack Iker and other former diocesan leaders on November 13 filed a petition for writ of mandamus with the Second Court of Appeals in Fort Worth, seeking a review of Judge John Chupp’s October 2 ruling on their Rule 12 motion. The court issued a temporary stay of the proceedings in the trial court. The Episcopal plaintiffs and their counsel will file responses. Additionally, on…

San Diego Superior Court Rules in Favor of Episcopal Diocese

The San Diego Superior Court ruled in favor of the Episcopal Diocese of San Diego on Tuesday, November 10 in a property dispute involving the congregations of two churches that claimed to leave the Episcopal Church, taking church property with them. The dissenting congregations in the San Diego Diocese were members of St. Anne’s in Oceanside and Holy Trinity in Ocean Beach. In January 2006 and September 2006 respectively, leaders of these congregations renounced their membership in the Episcopal Church…

Georgia Court rules for The Episcopal Church regarding Christ Church Savannah

On Thursday, October 27, 2009 a trial court in Savannah, Georgia entered a summary judgment holding that, where the clergy and a majority of the parishioners left The Episcopal Church to join another church, The Episcopal Church and its Diocese of Georgia have a trust interest in the parish property. Confirming that the Dennis Canon I.7.4 was validly adopted and imposes a trust interest on the parish property, the court found “that the church property reverts to the control of…

Texas court in San Angelo decides in favor of the Episcopal Diocese of Northwest Texas

A Texas court in San Angelo entered a final judgment on October 8, 2009 in favor of the Episcopal Diocese of Northwest Texas and against former leaders of a parish who tried to remove the parish from the Episcopal Church and its Diocese. The 51st District Court of Tom Green County, Texas declared that the property of Good Shepherd Episcopal Church was held in trust for the Episcopal Church and the Diocese and that the continuing parish “is identified and…