"We have filed this action firm in the belief that as a matter of law, the parish is the rightful owner of this property, notwithstanding the purported trust established in the Dennis cannon, said Mark Jakubik, attorney for the parish and vestry.

"When we approached the bishop we were hopeful of reaching a negotiated compromise with the bishop and the diocese, unfortunately they did not even give us the courtesy of a response to our offer As a result, the parish, after prayerful consideration felt it had no reasonable alternative but to initiate litigation to vindicate its rights. However, at this late stage, we remain open to discussion with the diocese and the Episcopal Church, said Jakubik.

Bishop Walker has shown more than a natural antipathy to orthodox in his diocese and has spent a good number of years excoriating Anglo-Catholic and evangelicals who uphold a distinctive and biblical view of historic Christianity.

He has specialized in the "ethnic cleansing of the diocese," said a source.

"The parish is presently in the discovery process, where we are exchanging documents with the diocese and national church, and taking pretrial testimony from possible witnesses," Jakubik told VOL.

Asked what the property was worth, Jakubik said that in the booming area of Queens Borough he understood it had substantial commercial value. "That said, the value to this parish family goes beyond dollars and cents; they believe they are safeguarding an historical and spiritual sanctuary. During the Revolutionary War the colonial governor Worshipped at this parish - it has significant historical value.

Jakubik said the property was purchased and maintained for over 250 years by the parish corporation without input from the diocese or anyone else.

"When the old church was destroyed by fire at the end of the 20th century, the parish rebuilt it without financial input, or help from anybody including the Diocese of Long Island or the national church."

Questioned about the Dennis Canon and the hold the diocese has over parish properties, Jakubik said that he believes the Dennis Canon is unlawful and immoral. "What they are doing is taking without any consideration property that was bought for and maintained by people long since gone, who made their contributions to support these missions that the National Episcopal Church has long since abandoned. If George III or a colonial governor of NY in the early 18thsaw what was going on today, they would be spinning in their graves."

"We believe that the state of NY, which is a Neutral Principles of law state, must look at the property document, to see if there are applicable state statutes. We will also consider church canons, but they are not decisive. We must also ask what the parties contended and whether the parish intended to create a trust. Our property documents do not contain anything that remotely suggests that a trust was intended."

St. James is a colonial charter parish, said Jakubik. "The validity of that charter was implicitly acknowledged in the landmark Supreme Court decision known as the Dartmouth College case which acknowledged the validity of colonial charters. Significantly St. James has never been reincorporated, which means it continues to operate under its original colonial charter."

The Rev. David Leo, 47, rector of St. James, told VOL that the theological and moral decline of the national church made it impossible for the traditionalist church to stay in the TEC, and efforts to mediate a reasonable settlement with the bishop had failed. "We were given no option but to go down the legal road to keep our property," he said.

Asked where the parish stood, Fr. Leo said the parish was behind him 100 percent. "This battle began before I came to the parish in January 2006. In April 2005 the then rector the Rev William Gayler resigned May 1st because he wanted to take the congregation to the Western Rite Orthodox church, but the parish was uncomfortable with that idea and nixed it. Fr. Gayler then resigned."

They then spoke with Fr. David L. Moyer a traditionalist priest at Church of the Good Shepherd, Rosemont, PA who had recently become a bishop in the Traditional Anglican Communion (TAC) with the result that the congregation felt it wanted to stay Anglican.

After talking with Presiding Bishop George Langberg of the Anglican Church in America (ACA) they decided that this was the best move for the parish and sent a letter requesting the ACA take them in as a parish. At the ACA Diocesan Synod in Sept. 2005 the parish was officially accepted as a parish in the ACA. The church was officially renamed St. James Anglican Church. "We took the name Episcopal off of the church building and replaced it with the word 'Anglican' in big black steel letters. The parish also had contact with the AMIA and APCK."

In March 2006 Fr. Leo was installed as the 20th rector of the church (Bishop Seabury had been rector of this historic church). Historically the church has been large; over time it had slipped, but we are nearly 100 and climbing again, said the new priest.

Asked how he felt about coming into a situation that was exploding around him, Fr. Leo replied, "I came on board knowing there was a crisis but I was prepared to face it. I was more than willing to see it through. When we first walked in the door my wife and I fell in love with it. When we walked around, we felt the Holy Spirit was here. Everything fell into place. We found a house, rented it and immediately moved in. It wasn't just the building itself it was the people, they were filled with the Spirit and it was contagious."

"When I entered the fray they had a supply priest, when I was installed they were lacking everything. The first thing I started was a Bible study, opened two Sunday school classes, inaugurated parish youth, and began working ecumenically with the Reformed Church next door. That is working out very well. We want to focus on youth, we need to rejuvenate and rebuild the parish starting with our youth, and we are doing it. The Rev. Canon Neville Braithwaite, an ACA priest for nearly 30 years, did a great job in holding the Parish together during this difficult time of transition. The Parish has said many times that if it wasn't for Fr. Braithwaite they never would have made it."

"We are focusing on building the parish and our battle cry, if you will, is Mt. 28 which says go out and make disciples of all nations...we are doing that."

Asked about his relationship with Orris Walker, Fr. Leo replied, "I have had no dealings with the bishop, he has not tried to reach me. We have had no contact."

"From my perspective I am leaving this whole situation in the hands of our attorney and I am getting on with the business of building the kingdom here in Queens, NY. My business is telling people about Jesus, not worrying about what the bishop thinks."

Asked why he just doesn't walk away, Fr. Leo replied, "The property has deep historical roots in this area, the people believe litigation is crucial for the parish, and our hope and prayer is that we will secure the property. We are prepared to take this to the mat. We are not going to walk away from a 304-year old property. It is the first Episcopal parish in Queens, NY. The first priest was a circuit rider...we are not going to simply walk away."

Fr. Leo was ordained as a priest in the Old Catholic Church under the Union of Utrecht. "I was accepted as an ACA priest at the same synod in September 2005 at the same time the parish was accepted into the ACA."

Asked if he would like to be a part of the worldwide Anglican Communion, Fr. Leo replied, "I would not be opposed to being part of the Anglican Communion, we are dialoging with Rome, but my focus is really here in Queens, NY and building the Kingdom here. We have been here for 300 years and and our prayer is to be here for another 300 years," concluded Fr. Leo.

The traditionalist priest said St. James will host the consecration of The Rev. Dr. Brian Marsh to the office of Bishop Suffragan for the Diocese of the Northeast, Anglican Church in America. This will take place 12/9/06 at 11:00am.

Fr. Leo is married to Linda and they have two daughters, Meghan (14) and Krysta (11). Both are active in the youth ministry of the Parish.

END