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SANTA ANA: Breakaway Episcopal congregations can keep property says Judge

SANTA ANA: Breakaway Episcopal congregations can keep property says Judge

North County Times wire services
January 12, 2006

SANTA ANA - An Orange County judge dismissed Thursday the last of the lawsuits seeking the return of property from three churches that split from the Episcopal Church to place themselves under a conservative Ugandan bishop.

Orange County Superior Court Judge David Velasquez dismissed suits by the Protestant Episcopal Church USA against St. James Church in Newport Beach, All Saints in Long Beach and St. David's in North Hollywood.

Velasquez had dismissed those claims in October, but allowed lawyers to amend the complaints.

However, in a ruling issued Thursday, Velasquez found that the national church "has not added anything legally material" to the original complaints.

Velasquez dismissed suits by the Episcopal Diocese of Los Angeles against the churches last year.

In his rulings, Velasquez said that neither the local diocese nor the national church has a rightful claim on land, buildings or items such as hymnals and prayer books used in worship by the congregations of the three churches.

The three churches cited differences in doctrinal issues and the election of an openly gay bishop in New Hampshire as the impetus to bolt from Protestant Episcopal Church USA and affiliate with the world-wide Anglican Communion, as the church is known in other countries.

Thursday's hearing was attended by attorneys for St. James, St. David's and All Saints, while attorneys for the national church, as they have during previous hearing, participated via teleconference.

John Shiner, who represents the local diocese, also participated via teleconference. He expressed his disagreement with the rulings.

Shiner could not be reached later for immediate comment, but said earlier that the rulings will be appealed.

"We are very confident in our position regarding all three churches," Shiner said.

Outside the courtroom, St. James attorney Eric Sohlgren said this was a milestone ruling.

"Today was really the last gasp of this court case that was first filed in 2004," Sohlgren said. "Of course we're very pleased with the results, and as before, All Saints, St. James and St. David's can get on with the work of the church."

"The court has ruled repeatedly that in California, an organization cannot confiscate someone's property simply by passing an internal rule. It would be like belonging to an Auto Club and the Auto Club saying that because you're a member, the Auto Club gets to confiscate your car. It's just not the law in California and the court has been very consistent with that."

Attorneys for the diocese argued that the churches voluntarily agreed to comply with church "canons" that hold that all property belongs to the diocese.

However, Velasquez has consistently ruled that the "deeds to the local church properties are in the name of the local church corporations."

Sohlgren said one aspect of the case that is still alive is "that last year, St. James Church in Newport Beach did sue the Diocese of Los Angeles on the theory that some years ago, the Diocese of Los Angeles promised that they would never bring any kind of claim like this against the property."

"The complaint asserts sort of a breach of contract kind of theory," he said.

The church claims it was damaged by the claim and is entitled to get damages back.

"We're looking for monetary damages and costs that the church incurred in fighting off these lawsuits and other related expenses," Sohlgren said.

A status conference will be held on that case in about 60 days, Sohlgren said.

END

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