Saturday, January 22, 2011

Judge rules for national Episcopalians, against Iker's group


From Ft. Worth- The actual ruling is avaialable at this link

http://episcopaldiocesefortworth.org/holystewardshipfiles/misc%20pdfs/20110121164121363-1.pdf

A state district judge on Friday ordered the group of Episcopalians headed by Bishop Jack Iker to "surrender all Diocesan property as well as control of the Diocese Corporation" to Episcopalians loyal to the national church.

Judge John Chupp's ruling in 141st District Court came after months of legal arguments over who owns church buildings and other property in the 24-county Episcopal Diocese of Fort Worth.

Chupp heard arguments for both sides Jan. 14 and granted a summary judgment in favor of the plaintiffs -- Episcopalians who have remained a part of the U.S. Episcopal Church.
Chupp wrote that they have legal claim to diocesan property. He ordered the defendants to "provide an accounting of all Diocesan assets within 60 days."

The Episcopal Church is a "hierarchical body," the ruling says.

"The court follows Texas precedent governing hierarchical church property disputes which holds that in the event of a dispute among its members, a constituent part of the hierarchical church consists of those individuals remaining loyal to the hierarchical church body. Under the law articulated by Texas courts, those are the individuals who remain entitled to the use and control of the church property."

Read more:

http://www.star-telegram.com/2011/01/21/2788025/judge-rules-for-national-episcopalians.html#ixzz1BlUNez4Z

From the Diocese-

http://www.episcopaldiocesefortworth.org/holystewardshipfiles/Summary%20Judgment%20Decision%20-%2001.21.11.htm

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