Tuesday, November 17, 2009

Court ruling favors Episcopal Church, diocese; disputed property must be returned


From San Diego-

A Superior Court judge ruled Nov. 10 that the property and assets of two Diocese of San Diego congregations whose leadership attempted to disaffiliate from the Episcopal Church are held for the mission and ministry of the wider church.
As in other California court decisions Judge Steven Denton ruled that church property cannot be retained by departing members.

In issuing his opinion, Denton noted that it was undisputed that leadership of the two congregations -- St. Anne's Church in Oceanside and Holy Trinity Church in Ocean Beach -- had agreed from the beginning of their existence to be part of a greater denominational church and to be bound by that greater church's governing instruments.

Bishop Jim Mathes of San Diego said that the ruling, while a hard decision for members of dissenting congregations, also represented "an opportunity for reconciliation and renewal" should any of them desire to return to the diocese.

"We are eager to welcome these individuals back into the Episcopal Church. There is no need for anyone to change their place of worship," Mathes said in a statement to the media released Nov. 13. "We will celebrate the same service from the same prayer book at the same altar."

"This decision follows all other major decisions regarding property in a hierarchical church," added Mathes. "The Diocese of San Diego is grateful to conclude this necessary but painful season."

"This decision reaffirms the principle that the property of an Episcopal congregation must be used to further the mission and ministry of the Episcopal Church," said Baker & McKenzie partner, Charles H. Dick, chancellor of the diocese and its attorney in the property litigations. "People should be free to leave the Episcopal Church if they wish, but they cannot take the property of the Episcopal Church with them when they depart."


More here-

http://www.episcopalchurch.org/81803_116871_ENG_HTM.htm

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