Tuesday, March 30, 2010

St. James parish faces legal setback by state


From California-

The leaders of St. James Anglican Church in Newport Beach, who have been fighting to keep the property after splitting from the Episcopal Diocese of Los Angeles, have nearly run out of legal options after being dealt another setback by a state appellate court, the diocese’s attorney said today.

A 2-1 ruling Friday by panel of the Fourth Appellate District, Third Division, reaffirmed that the diocese owns Orthe church property.

St. James leaders criticized the ruling, calling it a “revolutionary” decision that deprived them of submitting evidence to a trial court.

“This decision is not only stunning and overreaching, but it commits a grave injustice,” said St. James attorney Eric Sohlgren.

Sohlgren argued that St. James never got a chance to have a trial on the issues.

“Anyone with a fair sense of justice should be deeply troubled by what the Episcopal Church and two justices have done here,” Sohlgren said. “Due process and our Constitution require that people’s property should not be confiscated by religious leaders just because they say so.”

Diocese attorney John R. Shiner said the state Supreme Court ruled the property belongs to the diocese.

“It was sent back to the trial court and the trial court believed the California Supreme Court did not go that far in its ruling,” Shiner said.


Read more:

http://www.oclnn.com/orange-county/2010-03-30/local-news/st-james-parish-faces-legal-setback-by-state#ixzz0jebsIQOI

Second story here-

http://www.dailypilot.com/articles/2010/03/29/religion/dpt-stjames033010.txt

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