Friday, March 18, 2011

MASTERSON v. DIOCESE OF NORTHWEST TEXAS


From North West Texas ( another court has ruled that property held by an Episcopal Congregation stays with the Episcopal Church even if a majority of the congregation leaves)

OPINION

J. WOODFIN JONES, Chief Justice.

This appeal arises from a property dispute among parishioners from the Episcopal Church of the Good Shepherd ("Good Shepherd") in San Angelo, Texas. In 2006, a majority of the Good Shepherd parishioners voted to withdraw Good Shepherd from the Episcopal Church of the United States and the Diocese of Northwest Texas and to reorganize as the Anglican Church of the Good Shepherd affiliated with the Diocese of Uganda, Africa; a minority voted to continue Good Shepherd's affiliation with the Episcopal Church and the Diocese of Northwest Texas (the "Diocese"). The Diocese and the individual appellees, The Rev. Celia Ellery, Don Griffis, and Michael Ryan (collectively, the "Continuing Parish Leaders"), filed suit for declaratory judgment to establish their rights to continued possession and control over the church property, which was claimed by appellants, who are members of the withdrawing group (collectively, the "Former Parish Leaders").1 The Former Parish Leaders counterclaimed with a suit to quiet title and request for declaratory judgment that they were entitled to possession and use of the church property. The Diocese and Continuing Parish Leaders moved for summary judgment, which the trial court granted. The Former Parish Leaders appeal, arguing primarily that the trial court erred in failing to properly apply "neutral principles" of law to resolve the dispute. We will affirm the trial court's judgment.

Much more here-

http://www.leagle.com/xmlResult.aspx?xmldoc=In%20TXCO%2020110316795.xml&docbase=CSLWAR3-2007-CURR

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