Seven Former Episcopal Churches in California Sued

06/21/2007

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.

This article comes from The Living Church Foundation
http://www.livingchurch.org/

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