From Glendale CA.
Attorneys for the Anglican congregation at the St. Luke’s of the Mountains Church said they intend to appeal a June 9 court decision affirming the Episcopal Diocese’s ownership of the property.
Attorney Daniel Friedman Lula, who represents the Anglican congregation, said he would file a petition for review with the California Supreme Court on Aug. 10.
St. James Anglican Church in Newport Beach pursued a similar course, but lost its case before the state high court.
The Orange County church has requested that the U.S. Supreme Court overturn the state Supreme Court ruling that a head church could invoke it’s property rights over an affiliated group. Basically, any group that chose to separate itself from the head church, must also separate itself from that church’s property, the court ruled.
Lula acknowledged St. Luke’s faces an uncertain road, especially in light of the decision in the St. James case.
“The California Supreme Court does not have to take every appeal it receives . . . so we will have to convince them that this case is meritorious enough to warrant their time and attention,” he said. “But we think that we can do that because it’s a church and there are a lot of families, who’s lives, and spiritual lives and spiritual wholeness is at stake.”
If the state Supreme Court grants the petition for review, Lula could be arguing the merits of the congregation’s case as early as next year, he said.
Despite the monthlong lapse since the state appellate court decision affirming the Episcopal Diocese’s ownership of the church, Lula said the Anglican congregation had decided almost immediately that it would keep on the legal fight.
“We are this far along in the process and it makes sense to keep fighting because the facts we believe are on our side and the court of appeal just made an error here,” he said.
More here-
http://www.glendalenewspress.com/articles/2009/07/08/religion/doc4a54d842718eb305239598.txt
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