Even though the current St. Barnabas church building is inching towards its centennial celebration, the congregation is even older.

St. Barnabas was conceived on the Feast of St. Barnabas (June 11) in 1868 as the Anglo-Catholic daughter of Trinity Parish, the Episcopal Mother Church in the Cornhusker State. According to church records, a small church was built on the corner of Ninth and Douglas streets. The first service was celebrated on Quinquagesima Sunday 1869 (Feb. 7). Finally, St. Barnabas Parish was birthed on May 3, 1869 with the enthusiastic consent of the first Bishop of Nebraska, the Rt. Rev. Robert Clarkson, when the parish constitution was formally adopted. St. Barnabas celebrated its first anniversary with the installation of its first rector, the Rev. George C. Betts, on St. Barnabas Day (June 11) 1869. Since Day One St. Barnabas has always be true to its Anglo-Catholic heritage born out of the 19th Century Oxford Movement. The church's website proclaims: "Faithful stewards of the Catholic Faith in the Anglican tradition since 1869."

For more than a century, St. Barnabas has maintained a strong witness to the Gospel and celebrated Episcopal services with an Anglo-Catholic flair. The faithful of the Omaha congregation, under the spiritual leadership of their priests, have built their faith upon the solid rock - Jesus Christ. Then the shifting sands of the ever-changing liberal theology of the now post-modern Episcopal Church made it abundantly clear that it was time to set out into the deep.

"There really was no specific breaking point," explained the Rev. Robert Scheiblhofer, St. Barnabas' rector, about his congregation's ultimate decision to leave in 2007. "We often get accused of leaving over the Gene Robinson incident."

However, that is not the case. The church's leave taking just happened to coincide with the sweeping aftermath of the 2003 and 2006 Episcopal General Conventions, which saw the affirmation of Vicky Gene Robinson as the openly gay Bishop of New Hampshire, and the election of Katharine Jefferts Schori as the first female presiding bishop in The Episcopal Church. Both events shredded the fabric of the Anglican Communion leaving Anglicanism in tatters.

"TEC had committed so many egregious offenses against the canon of Christian doctrine and belief - who could say what one thing precipitated leaving?" St. Barnabas' rector continued. "We knew we were 'guilty by association' in our attempts to evangelize, so we knew that we would have to get out."

And get out they did. The congregation voted on Sept. 9, 2007 to disaffiliate with the Episcopal Diocese of Nebraska. Also, true to form, the Diocese of Nebraska, egged on by the powers-that-be in the Domestic and Foreign Missionary Society in New York, (the corporate arm of The Episcopal Church) swooped in on Nov. 4, 2008 and filed suit for the property, thus Docket 1082 Number 282 was born in the District Court of Douglas County, Nebraska. The legal proceeding was bounced into Judge Joseph Troia's Fourth Judicial District court. The legal battle was engaged and continues.

Basically, the Episcopal Diocese of Nebraska's litigation hinges on The Episcopal Church's oft-claimed mantra: "The parishioners are free to leave but the property stays," using the Johnny-come-lately Dennis Canon as its proof text and TEC's uniquely skewered understanding of a hierarchical religious organization to undergird the diocesan claim to the property (church, old rectory and small Victorian rental apartment triplex) at 129 North 40th Street.

John Chatelain, who is using Nebraska Statutes concerning Nebraska religious associations, as his defense foundation, is defending St. Barnabas in court.

The Nebraska religious association law stipulates that if a congregation ceases to exist, the church property, by law, is to be transferred to the overarching denominational body.

St. Barnabas' attorney contends that the congregation has never actually ceased to exist since the church's initial incorporation on May 4, 1869. Through the years the membership might go up and down, but the parish of St. Barnabas has remained rock solid since the time pen was put to paper incorporating it according to 19th Century Nebraska statutes.

The Nebraska Secretary of State's office has the Certificate of Organization written in a stylized flowing script in which the church was formally named "Saint Barnabas Parish." At that time, the congregation was incorporated, with perpetual duration, in Douglas County, Nebraska.

Since 1869 Saint Barnabas parish has not ceased to be. The Gospel as been duly preached, the Sacraments reverently celebrated, and the church's doors open, many times 24 hours a day, seven days a week.

Although St. Barnabas currently has a relatively small congregation, the church maintains an active Anglo-Catholic parish life. Morning or Evening Prayer is read almost daily and Mass is frequently celebrated in a variety of languages ... English, Latin and Spanish. Other Catholic devotions are also sprinkled through the week including the recitation of the Rosary and devotions to the Sacred Heart. During Lent the Stations of the Cross are added to the weekly liturgical offering, as is Adoration of the Blessed Sacrament and Benediction.

For three years Docket 1082 Number 282 percolated through the Douglas County District Court and on Dec. 20, 2011, just days before St. Barnabasites were to gather to again celebrate the Birth of Christ, Judge Troia brought all parties to court for a Summary Judgment hearing. St. Barnabasites hoped they would be handed an early judicial Christmas present.

Christmas came and went. So did the New Year as well as Valentine's Day, St. Patrick's Day, the Annunciation, Easter, Pentecost, Memorial Day, St. Barnabas Day, the Fourth of July, and Labor Day. As summer stretched on toward Labor Day there was still no word from the judge who occupies Courtroom 6 in the Hall of Justice on Farnam Street.

Finally on Sept. 24, nine months after hearing the case, Judge Troia issued his ruling. St. Barnabas did not get a Christmas present - early or late - but rather a lump of coal. The judge ruled for the Episcopal Diocese of Nebraska ordering St. Banabas to relinquish all their property within 30 days. This would mean that the yearly All Saints Day commemoration would have to be in a new location as would the Thanksgiving and Christmas celebrations.

The Judge wrote: "It is further ordered that the real and personal property of St. Barnabas is that of the Diocese of Nebraska and that the Defendants have no right, title or interest to occupy, use or possess such property."

"The 'opposition' has fired a pretty good sized volley over our bow," Fr. Scheiblhofer told VOL after the court hearing, noting he had not given up hope.

"The Diocese and The Episcopal Church were not holding them [St. Barnabas] to that [to the 30 day time frame]," explained D.C. "Woody" Bradford, the Omaha attorney who handing the litigation for the Episcopal Diocese of Nebraska. "That was not going to be a factor."

The attorney said that he hoped that St. Barnabas and the Episcopal Diocese of Nebraska could come to an equitable solution on property as the congregation heads into the Ordinariate. But so far there has been no meeting of the minds with the Diocese's attorney claiming that the defendants have thrown a monkey wrench into the works.

"Settlement discussions are complicated somewhat by their appeal. I think their appeal stands in the way of that," Bradford said. "They are appealing the decision of the court. I don't think it's [the appeal] logical nor is it [the appeal] appropriate."

James Pierson disagrees: "That's the posturing that they make. They absolutely refuse to answer correspondence that pertains to a settlement."

Pierson says there is a series of unanswered St. Barnabas e-mails requesting negotiations from the Diocese.

From his viewpoint, as St. Barnabas' cantor and sacristan, Pierson feels that both Bishop Scott Barker and the diocesan chancellor are unwilling to take responsibility for the furthering negations with the church.

"Woody Bradford says this is all in the hands of the Bishop," Pierson said. "Conversely the Bishop says this is out of my hands. Neither one of them is willing to give anything."

Bishop Barker has not responded to a VOL e-mail.

St. Barnabas' appeal to the District Court's decision has been filed with the Nebraska Supreme Court and briefs are due next January 3.

"I could not believe the judge's ruling on this," St. Barnabas attorney John Chatelin explained. "I don't think he had a good grasp of the subject."

Apparently the judge, a Roman Catholic, bought into The Episcopal Church's Dennis Canon and TEC's claim to be a hierarchical church.

On top of that, the St. Barnabas attorney believes that in his dealings with the Diocese of Nebraska that the diocese really doesn't want St. Barnabas because it has no real need for the complex - there is no congregation waiting to occupy the church - nor does it want to be saddled with what would become dead weight and a financial liability.

When the church was originally built in 1915 the Model T - affectionately known as the "Tin Lizzy" - was Ford's contribution to the new automobile industry. Omaha then had a population of 150,000 souls. Even though the city sported one the most extensive early 20th Century Automobile Rows to be found anywhere between Chicago and San Francisco, church parking was never a problem.

Today parking at St. Barnabas is at a premium, the city has grown in population. More cars are on the road vying for parking thus creating parking problems for the church. The St. Barnabas Parish leadership would like to see the old rectory and the Victorian triplex razed to create much-needed congregational parking space. Although it would cost money to create handicapped access for the church, adding elevators and ramping, and developing adequate parking - the modifications could come with a $250,000 price tag.

"I don't want to put money into the building if they are going to end up owning it," explained St. Barnabas Senior Warden Sean Reed. "We're dealing with a building with a piece of property with a lot of problems and no great intrinsic value which makes it all the more bizarre that this is in litigation."

The Diocese of Nebraska feels that St. Barnabas should pay the fair market value before they release the building for Catholic use. However St. Barnabas leaders feel that to have to pay a market value amount for property they have already poured their own time, talent and treasure into and then have to underwrite the necessary updates and improvements would cripple them financially and prevent them from maintaining effective parish ministry.

Reed said he feels that since St. Barnabas has no viable church parking space, the property would bring less than $200,000 on the open market, but to date no formal appraisal has been done.

"The market for selling churches with no parking in Omaha is not good," said the Senior Warden. "We could have bought it for the fair market value but we're not in the position of doing that and put in extensive repairs in on top of that to put in handicapped access and solve the parking problem."

On Oct. 25 Judge Troia called for a fair market value appraisal of St. Barnabas' church edifice and its furnishing along with the other properties so that he could set the bond based on the appraised value. If he sets a supersedes bond, it is hoped that it would delay the congregation's evection until the Supreme Court definitively rules on the church's ownership fate.

Ultimately, the St. Barnabas wants to finally land in the Personal Ordinariate of the Chair of St. Peter with their buildings intact. The road to Rome, so far, as been bumpy and more potholes are on the horizon as the Anglo-Catholics maneuver though the legal minefield put in place by the Diocese of Nebraska and its demand for money beyond their budget in exchange for buildings and property they have duly worshipped in and lovingly maintained for more than a nearly a century.

"The Episcopal Church has held their arms open to their wanting to become a Catholic Church from the very beginning that they made that decision, and have been quite willing to negotiate a settlement," the Diocese's attorney explained. "I anticipate some settlement discussions to take place complicated somewhat by their appeal. I don't think it's logical [to appeal] nor do I think it is appropriate. I hope this will be an equitable solution and I think their appeal stands in the way of that."

However in speaking with the Chancellor, it became apparent that he does not fully understand the Ordinariate nor the move St. Barnabas made, to help position themselves to enter smoothly into the Ordinariate, when they aligned themselves with the Anglican Church in America, the American branch of the Traditional Anglican Communion.

"We choose to litigate. We offered to provide for them an opportunity to stay there. They wanted to be able to be to completely take the building and the rest of the property and join the Anglican Church of America," Bradford explained. "We did not think is not in keeping with the tradition of the building and/or the property which is for the use of the mission and the ministry of The Episcopal Church. My understanding is that the Ordinariate was designed for the churches in England."

St. Barnabas' legal name has never incorporated the word "Episcopal". The church is legally titled Saint Barnabas Parish. And from the beginning its stated mission is: "the worship of Almighty God in accordance with the Anglo-Catholic ideals, practices and goals of the Oxford Movement of the Church of England and other religious and charitable purposes not inconsistent therewith."

Archbishop Louis Falk created the Traditional Anglican Communion in 1991 with an eye on eventual corporate reunion with the Church of Rome. The Anglican Church in America is the American daughter of the TAC. In 2007 the TAC House of Bishops signed the Catechism of the Catholic Church and The Portsmouth Petition as their symbols and solemn pledge to actively pursue full communion with the Catholic Church and to accept the spiritual authority of the Bishop of Rome as the visible successor of Peter.

When St. Barnabas aligned with the Anglican Church in America it was associated with an Anglican body whose very trajectory was to enter into the Roman Catholic Church. The Traditional Anglican Communion's persistence was paramount in helping the Vatican see the need to promulgate Anglicanorum Ceotibus in 2009. Then the establishment of the various Anglican Ordinariates began in 2011, first with Our Lady of Walsingham in England, and then the Chair of St. Peter in the United States; and Our Lady of the Southern Cross in Australia in 2012.

St. Barnabas has never wavered in its desire to be a part of the Catholic Church. When Anglicanorum Ceotibus was released the Anglican Church in America created the Patrimony of the Primate and the Pro-Diocese of the Holy Family, under the direction and leadership of Bishop Louis Campese -- who is now a part of the Ordinariate -- to help shepherd Ordinariate-bound groups into the Catholic Church. St. Barnabas became a part of the pro-diocese ultimately seeking corporate entrance into the Catholic Church.

St. Barnabas wants to go into the Ordinariate, but they want to try and hang on the buildings if they can," St. Barnabas' attorney John Chatelain said.

"We've tried to talk to them [the Diocese of Nebraska] about settling the case and put some money on the table, but they would never commit to anything," the attorney said. "They would never put a figure out there. It has been very strange; they don't want the property. It's all very troubling.

"I think the chancellor is on a mission of vengeance to squash and make a name for themselves within the national church by stamping out this little parish," Pierson concluded about the stalled negations.

Meanwhile behind the scenes, Fr. Scheiblhofer has been quietly spiritually preparing his flock for entering into the fullness of the Catholic Church. During Lent St. Barnabas' priest started the Rector's Forum, which explores more deeply Catholic theology, faith and practice based on the Catechism of the Catholic Church, Vatican II documents, and the Apostolic Constitution. He sports a degree in Catholic theology and has practical experience living out the Catholic faith. He at one time was a member of the Christian Brothers, a Catholic religious order dedicated to evangelism and the education of youth.

It is his hope that his congregation can celebrate this Christmas in the Ordinariate as a full-fledged Catholic parish, but, with litigation still looming over their heads, that may not be possible until all the legal dust has settled on all sides and the Supreme Court has had its final say, should it choose to hear the appeal.

However, the possibility of St. Barnabas members coming into the Catholic Church, individualistically rather than corporately, is possibly in the offing with an early Advent celebration tentatively being planned as legal events continue to unfold.

Monsignor Jeffrey Steenson is keeping close tabs on the St. Barnabas situation. He is a mild-mannered man and can help bring calm to heated debate and frayed tempers. He has been out to St. Barnabas and has personally surveyed the situation.

"I am in the middle of discussions to resolve the issues between parish and diocese," he said. "So I think I should just encourage prayer."

Mary Ann Mueller is a journalist living in Texas. She is a regular contributor to Virtue Online