Posted January 2, 2009
[Generally, the description set out with regard to each case is reproduced from the original news release issued when review in the matter was granted, and is provided for the convenience of the public and the press. The description does not necessarily reflect the view of the court, or define the specific issues that will be addressed by the court.]
EPISCOPAL CHURCH CASES
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S155094 (G036096/G036408/G036868; Orange County Superior Court – JCCP
4392) Argued in Riverside County 10-08-08 |
This case includes the following issues: (1) Should the “principle of government” approach, also known as the “highest church judicatory” approach, be used to resolve disputes between a local congregation and a national church or regional diocese over ownership of church property, or should these disputes be resolved using a “neutral principles analysis”? (2) Was the complaint properly subject to a motion to strike under Code of Civil Procedure section 425.16? (3) What role does Corporations Code section 9142 play in the analysis and resolution of church property disputes?
Opinion(s) in the above case(s) will be filed on:
The above notice may be found on the web site of the California Supreme Court at:
http://www.courtinfo.ca.gov/courts/supreme/SF010509.PDF
The case summary for Supreme Court Case: S155094, EPISCOPAL CHURCH CASES, can be found at:
http://appellatecases.courtinfo.ca.gov/search/case/mainCaseScreen.cfm?dist=0&doc_id=484283&doc_no=S155094
For an insightful analysis of the cases before the California Supreme Court and thoughts coming out of the oral arguments based on the questions from the judges, please go to the web site of the Anglican Curmudgeon.
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