Thursday, October 23, 2008

NY court: Episcopal diocese owns church building

The Episcopal Church wins the property fight in New York (Rochester). From Newsday. (Lt. Kaffee didn't even argue the case. ).

In a property dispute stemming from the national Episcopal rift over the ordination of a gay bishop, New York's top court ruled Thursday that the Rochester Diocese can keep the building once occupied by the breakaway All Saints Anglican Church.

Trial and midlevel appeals courts sided with the diocese, concluding it was entitled to the property under the rules of the church. The Court of Appeals agreed unanimously Thursday, saying All Saints had agreed years earlier to abide by a trust agreement covering ownership of the property.

With about 100 similar cases around the country, diocese attorney Thomas Smith said this appeared to be the first to reach a state's top court, though a midlevel California court reached the same conclusion this week. "Hopefully this will serve as the binding precedent in New York and a valuable precedent in other states," he said.


and here -

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