Breakaway Episcopalian parish gets its day in court to defend property

From California-

The California Supreme Court on May 5 held that St. James Anglican Church can defend its property rights against the claims of the Episcopal Church with evidence in a court of law. The Court confirmed that its 2009 Episcopal Church Cases decision did not end the property dispute in the Episcopal Church's favor as it had claimed. "Further proceedings are still necessary to finally decide the dispute," said the Court.

The decision, titled Rasmussen v. Superior Court (Bunyan), returns the case to the Orange County Superior Court where St. James will now have the right to defend itself with evidence before a court of law, including having motions heard to dismiss church volunteers who have been sued by the Episcopal Church.

Eric Sohlgren, St. James's lead attorney, said, "St. James has been vindicated. The California Supreme Court has soundly rejected the idea that its prior decision required the people of St. James to move off the property they built and paid for over many decades. St. James will, at last, get its deserved day in court to present evidence showing that it has the legal right to the property."

In upholding St. James's right to put on its defense, the California Supreme Court rejected an argument of the Episcopal Church that a 1991 letter issued by a bishop of the Episcopal Diocese of Los Angeles -- which promised St. James that it could hold its property free of any Episcopal interest -- had been declared invalid by the 2009 opinion. The Court said, "We express no opinion regarding the legal significance, if any, of the 1991 letter. We merely hold that a court must decide the question."


More here-

http://www.speroforum.com/a/53533/Breakaway-Episcopalian-parish-gets-its-day-in-court-to-defend-property