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PHILADELPHIA: St. James Loses in Property Dispute with Diocese of PA.

PHILADELPHIA: St. James Loses in Property Dispute with Diocese of Pennsylvania

by David Ousley

Dear Friends,

The Supreme Court decision in our case was posted late yesterday afternoon. It went against us. The majority reversed the trial court finding that the property belongs to the Diocese, but concurred that there exists an implied trust in favor of the Diocese. This was based not on the Dennis canon, but on various factors in the situation prior to that time.

The majority opinon was written by Justice Nigro, and joined in by all the justices except Justice Newman. She wrote a concurring opinion, which concurred only in the ruling that the property belonged to the parish. She dissented on the existence of a trust, basing her argument primarily on the previous precedent (Beaver-Butler).

In effect, the majority has altered their standards of what constitutes an implied trust, abandoning the standard of Beaver-Butler. This gives us the faint comfort of knowing that under the Beaver-Butler standard, we would have retained the property. The bottom line is that the decision was based on factors specific to St James, and is not of immediate applicability to anyone else. It does not (so far as I can tell) resolve the question of whether the Dennis canon is sufficient to create a trust -- an issue which affects many Episcopal parishes. You can look up the opinions on the Supreme Court web page if you wish.

What happens next? Under the trial court ruling, the Diocese is now free to replace the vestry, and thereby take control of the parish. I don't know that I will find out how they wish to proceed until next week, with the holiday and all. They can also go to the Orphans Court to enforce the part of the ruling which calls for an accounting and assessment of damages against individual vestrymen (though only the four named vestry members, one of whom is now deceased, are immediately liable - JAA). We would hope that the Diocese will be committed to a smooth transition. . . .

I expect that for the next Sunday or two (or longer?) we will gather at coffee after the ten o'clock for updates, and discussion about the various practical matters before us. I plan to maintain the usual service schedule (and Bible study) as long as possible. This could change, however, on short notice, depending on what the Diocese chooses to do. One practical matter I will mention here. contributions to the Church of St James the Less from here on are subject to a trust in favor of the Diocese of Pennsylvania. Parish funds remain with the property when we leave. I want you to be clear about your contributions when you make them.

This is, to put it mildly, a great disappointment. Being faithful to our principles has now cost us much that is dear. But the grace is before us to bear the Cross and follow Jesus -- as it always is. This is no doubt not the road we would have chosen, but we may be sure that God will turn the suffering to our good. This does not make the suffering any less painful. It does assure us that Jesus is bearing the greater part of the burden with us and for us.

Remember also that the church is the faithful, not the buildings. The court can take from us nothing that is essential to life -- or to Life. While some may have intended us ill, God desires only our good. I trust you will be sensitive to one another at this difficult time, and be ready to encourage one another.

It has been the sense of the parish that in this event, we would try to continue as a congregation, and we have made some contingency plans for the next steps. The vestry will be meeting . . . as soon possible. We will need to discern what plans God has for us, though we may be sure He has some. We can, even in the midst of sorrow, look forward with some anticipation to what He will do with us next. As always, we are to give thanks -- not for the evil of the situation, but because it is within God's providence. For that we can always be thankful, even when it contains the Cross.

Fr David Ousley is the Anglo-Catholic rector of St. James the Less in North Philadelphia, Pennsylvania

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