Friday, June 29, 2007

dennis canon upheld by appellate court; suit continues

From VOL:

SANTA ANA, Calif. - July 26, 2007 - A three-judge panel of the California Court of Appeal, Fourth Appellate District, Division Three, today reversed the Orange County Superior Court's prior ruling that three former Episcopal churches which disaffiliated from the national denomination in 2004 did not forfeit their property. This division of the appellate court broke with nearly thirty years of California church property law, and instead ruled that hierarchical church denominations can take over local church property by simply passing an internal rule - even if the local church is separately incorporated, bought and maintained the property. . . .

Still at issue is whether the Episcopal Church validly passed an internal rule claiming to hold local church property in trust for itself, and whether that rule applied to the three local churches. St. James, All Saints' and St. David's, as the property owners, never agreed to relinquish their property to the Episcopal Church upon ending their affiliation. St. James, All Saints' and St. David's have maintained all along that they have the right to use and possess the property they have owned and maintained for decades. Legal spokesperson, Eric C. Sohlgren, said, "This decision puts one division of the appellate court in direct conflict with other California court of appeal decisions that for almost thirty years have rejected the idea that a court must automatically defer to a church denomination in church property disputes. Under this ruling, any big church which calls itself hierarchical could try to confiscate the property of a local congregation simply by passing an internal rule. That idea offends basic principles of fairness and property ownership. St. James, All Saints' and St. David's are seriously evaluating an appeal to the California Supreme Court."

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