The Presiding Bishop hired an attorney in the Diocese of South Carolina, who presented himself as ”˜Counsel for The Episcopal Church in South Carolina’. I said, wait a minute, according to our polity we are The Episcopal Church in South Carolina. I am the only one that has juridical or jurisdictional authority here. She has not spoken to me. She has not asked for my permission, and there is no constitutional or canonical authority that the Presiding Bishop has to hire an attorney to investigate me and the Diocese or South Carolina. We called a Special Convention; told the Presiding Bishop to remove the attorney. I have never received any notice from her ”“ it is four years later.

That brought us into a cold war with the national church, and in a cold war the difficulty is everything you do to protect yourself in a cold war, can be interpreted by the person on the opposite side of the cold war as an act of aggression. That goes for me towards them and them towards me and so we have lived with that for three years now.

I need to conclude because our time is all but up, mine is already past. In the Fall of last year, I was informed that there were 12 allegations brought against me that I had abandoned the communion of The Episcopal Church. And after 2 or 3 months, the Disciplinary Board for Bishops came back and said, there is not enough evidence – I think that is the simplest way to put it ”“ that I have abandoned the communion and so I will not be brought up on charges.

Read it all.

That left Chief Justice Toal, who despite all the tortuous arguments stuck to basic legal principles and analysis: a trust needs a settlor to be created, and the beneficiary of a trust is perfectly within his rights to quitclaim back to the settlor all of his supposed interest in the trust. (There was thus no “breach of the Dennnis Canon” when Bishop Lawrence signed individual quitclaim deeds to his parishes, on behalf of the Diocese as beneficiary of any trust interest that arguably may still have existed following the All Saints Waccamaw decision.) And South Carolina religious corporations are free to amend their governing documents — including a complete change in their charitable purpose — as long as they comply with the formalities required by South Carolina law.

To this observer, it seemed as though the Justices had not discussed the case with each other beforehand. And it also looked as though the Chief Justice had taken on the responsibility of writing an opinion in the case — since she was the one most weighed down with case files and briefs. But whether her opinion will be the majority one remains to be seen. I believe she has the confidence of Justice Beatty, who followed her before. And she may have Judge Kittredge in her camp, as well.

But both he and Justice Costa Pleicones seemed to have difficulty following the ins and outs of the arguments — thanks to the constant interjections by Justice Hearn on behalf of the Church of which she is an active member. She practically monopolized the argument with long speeches (not questions) that would have sounded more appropriate had they come from ECUSA’s attorneys. The resulting final impression of Mark Lawrence and his Diocese having had a rough time in the Court is almost entirely, in my estimation, due to the attempts by Justice Hearn to derail the case by returning South Carolina to the days of deference, as ECUSA argued in its briefs.

Whether her unprofessional and entirely partial tactics will succeed is a question that will have to await the Court’s opinion, which could be months away. I shall have much more to say about those tactics in my following post.

Read it all.

Diocese argues to South Carolina Supreme Court that a lower court decision dismissing outside claims on local church property is consistent with state law and constitutional precedent.

COLUMBIA, SC (Sept. 23, 2015) ”“ The Diocese of South Carolina today argued to the state Supreme Court that a judge’s February ruling that the Episcopal Church (TEC) has “no legal, equitable or beneficial interest” in the Diocese’s properties was correct and consistent with South Carolina law.

The argument came as the Diocese defended against the latest appeal by TEC, which seeks to seize local property. The denomination’s filings seek control of the Diocese’s 314-acre St. Christopher Camp and Conference Center, the Diocese’s historic identity, its accounts and the properties of 50 congregations that joined the Diocese in disassociating from the denomination in 2012.

During today’s appeal hearing, the Diocese and TEC would normally have had 20 minutes to present respective arguments, however due to the number of questions, more time was taken because of the vigorous debate.
“We are hopeful the Supreme Court will protect the fundamental constitutional right of South Carolina institutions and residents to choose with whom to associate,” said Rev. Jim Lewis, canon to the ordinary of the Diocese. “The lower court made clear that the Diocese could leave TEC and take its property. We hope this decision concludes the expensive, distracting efforts by TEC to use what feels like endless appeals to delay the inevitable outcome.”

The History of the Dispute

The dispute began when TEC attempted to remove the Rt. Rev. Mark Lawrence as bishop in the fall of 2012. The Diocese immediately disassociated from TEC, an action affirmed by its Diocesan Convention in November 2012. At that time 50 of the 72 congregations that made up the Diocese at the time and 80 percent of its members supported the disassociation.

TEC immediately attempted to claim the identity of the Diocese, with a rump group calling itself the Steering Committee using the Diocese’s registered service mark and announcing meetings of the diocesan clergy. In response to the attempted identity theft, the Diocese sought legal protection for the Diocese, its property and that of its congregations.

On Jan. 29, 2013, TEC agreed to a court-imposed temporary injunction preventing its further use of the Diocese’s identity. The final ruling by Circuit Court Judge Diane Goodstein, which supported the Diocese’s request and rejected TEC claims, made that initial injunction permanent and dismissed the TEC arguments “with prejudice”.

The Legal Background

TEC’s legal arguments can be distilled down to two related propositions. It claims to be a “hierarchical” church, with complete control of the entire organization located at its very top, much like the Roman Catholic Church, which is led by the pope. It claims that, as a “hierarchical” church, the establishment clause of the Constitution prevents any court from challenging its ecclesiastical decisions.

Courts in South Carolina, Illinois, California and Texas have repeatedly found there are multiple and significant problems with these assertions in this case.

The first is the fact that TEC’s organizational structure is irrelevant to this case. The U.S. Supreme Court has ruled clearly and repeatedly that in property matters like those involved here, courts may decide them using what is known as neutral principles of law, which means the court may not apply special conditions or rules that are different than those it would apply in normal property disputes.

An example of neutral principles was the 2009 decision of the All Saints Parish Waccamaw case by the South Carolina Supreme Court. The court said judges may decide the matter applying the customary laws of property ownership. The same principles were applied in the case of the Diocese.

Under neutral principles of law, several further crucial legal principles apply. First, it does not matter if TEC were hierarchical or not. That should be irrelevant under neutral principles of law. Second, TEC has no interest in the real, personal or intellectual property of the Diocese because no trust interest has been established to give it such a claim. Under South Carolina law, an express trust requires a written declaration signed by the party conveying that interest. No such document was ever executed by the Diocese or any of its parishes to convey anything to The Episcopal Church.

Similarly, though TEC has asserted trademark infringement as an issue in this case, the only infringement considered at trial was the denomination’s unauthorized use of the Diocesan service marks. The real issue was who has the rights to control the Diocese, TEC or those who have continuously been its leadership, in unbroken succession, all the way back to 1785.

About the Diocese of South Carolina

The Diocese was founded in 1785 by the parishes of the former South Carolina colony. Based in the Lowcountry of South Carolina, the Diocese is one of the oldest religious districts in the United States and counts among its members several of the oldest, operating churches in the nation.

The Diocese of South Carolina is recognized by Anglican Dioceses and Provinces around the world, many of whom have broken fellowship with The Episcopal Church, and in 2013 the Diocese joined the global Fellowship of Confessing Anglicans and entered into a formal relationship of Provisional Primatial Oversight with Global South Primates.

UPDATE: The Hearing today has ended
You may find the link here if you have the capability and time to try to watch it. Please note that there are three cases, and the third case of the historic Episcopal diocese versus the new Episcopal Church Diocese is the third. This means it will not start before 10:30 a.m. EST but it COULD start later as I understand it–KSH.

Heading up the panel hearing the case will be Chief Justice Jean Hoefer Toal, who in that same position authored the Court’s unanimous 2009 opinion in the case of All Saints Waccamaw v. Episcopal Church, which I quoted and analyzed in this earlier post. Also serving on the panel will be Associate Justice Donald W. Beatty, who joined in the Waccamaw opinion. It is not known yet whether any of the other sitting Justices have recused themselves (two of them did so in the Waccamaw case); the fifth, Justice Kaye Hearn, assumed her seat on the Court after the arguments in the 2009 case.

Chief Justice Toal, whose religion is Roman Catholic, is no stranger to the concept of what makes a church “hierarchical.” In her opinion in the Waccamaw case, Justice Toal noted that South Carolina Courts are required to resolve church property disputes using “neutral principles of law” whenever possible. They may defer only to “the highest religious judicatories” when they have properly decided an issue “as to religious law, principle, doctrine, discipline, custom, and administration.” It should be noted that in her written opinion filed last January, Circuit Judge Diane Goodstein expressly found that there were no such bodies in the Episcopal Church (USA) that had outside jurisdiction over either the Diocese or any of its parishes.

Read it all.

U.S. Judge Delays Hearing on Episcopal Church Appeal Demanding Identity of Diocese of South Carolina, Pending State Court Decision

Judge refuses to confuse the rightful ownership issue as it proceeds to state Supreme Court this week

CHARLESTON, SC (Sept. 21, 2015) ”“ A federal judge handed the Episcopal Church (TEC) and its local subsidiary, the Episcopal Church in South Carolina (TECSC) a setback today when he refused the request to reconsider a decision about who rightfully owns the Diocese of South Carolina identity, trademarks and other intellectual property.

Bishop Charles G. vonRosenberg, who heads TECSC, has repeatedly alleged that the property and identity of the Diocese of South Carolina actually belongs to the Episcopal Church and was wrongfully taken by Bishop Mark Lawrence, who heads the Diocese which left TEC in 2012.
Federal District Judge C. Weston Houck originally dismissed vonRosenberg’s claim in 2013, recognizing that the essential issues of the Diocese’s identity would be resolved by the South Carolina courts. Last February, South Carolina Circuit Judge Diane Goodstein ruled the Diocese of South Carolina was, in fact, free to leave the denomination and keep its property and assets. TEC appealed that decision and the appeal will be heard by the South Carolina Supreme Court on Sept. 23.

Meanwhile, TEC appealed Judge Houck’s decision to the U.S. Court of Appeals for the Fourth Circuit. The appellate panel ordered Judge Houck to reconsider his earlier dismissal of the case using a different legal standard for that decision. The panel decision was largely procedural. It did not issue any opinions about the merits of TEC’s claim.

In today’s decision to delay any further hearings pending the outcome of a South Carolina Supreme Court decision about the case Judge Houck wrote, “Regardless of the [state Supreme Court’s] ultimate decision, Bishop vonRosenberg’s rights will necessarily be addressed and will be adequately protected in the state court action.”

He referred to the Supreme Court hearing, scheduled for Sept. 23, as “the parallel state court action.”

“Basically, the Judge is saying that if the Supreme Court upholds the state ruling the case will be dismissed,” said the Rev. Jim Lewis, Canon to Bishop Lawrence.

Houck applied the Colorado River Abstention doctrine to conclude that the factors in this case presented the “exceptional circumstances” to warrant abstention.

A circuit judge held a three-week trial last year and earlier this year ruled the diocese owns it name, symbols and property.

But The Episcopal Church and The Episcopal Church in South Carolina {who formed a new diocese of their own], comprised of parishes in the area remaining with the national church, have appealed.

Read it all.

Gracious Lord, we pray that your will would be done through this trial. May we want what you desire. Speak your words alone through Alan Runyan and the other attorneys who represent us. May the courtroom be filled with the pleasant aroma of Christ, and at the end of the day, protect this Diocese and its parishes that we might bring the redemptive power of the biblical gospel to the South Carolina low country and beyond. Let not our fear of outcomes tarnish our joy or deter us from the mission you have given us. Teach us to bless and never curse those on the other side of this conflict. Thy will be done on earth as it is in heaven. And make us victorious over-comers wherever this road leads. For we ask it all in Jesus’ Name. Amen.

It is by God’s grace we have come this far. It is his grace that will bring us home.
On Wednesday, September 23rd, at 10:30 a.m., the Diocese of South Carolina will enter into oral arguments before the South Carolina Supreme Court. The Court has agreed to hear TEC’s appeal of the trial court ruling in our favor that was announced by Judge Goodstein on February 3rd of this year. In that order, Judge Goodstein ruled that the Diocese and its parishes:

Ӣ Are the owners of their real, personal and intellectual property.
Ӣ TEC has no legal, beneficial or equitable interest in any of those properties.
Ӣ TEC and its officers and agents were permanently enjoined from using our names or symbols.
Ӣ All the TEC counterclaims in the trial were dismissed with prejudice.
Ӭ
It is our prayerful hope that the state Supreme Court justices will uphold this decision in its entirety….

Read it all.

The hearing of the appeal by TEC and its local agents against the Diocese of South Carolina starts today at 10:30 am Eastern Time.

Prayer for the Diocese of South Carolina posted on Wednesday September 23rd

We ponder the mystery that today’s court hearing for the South Carolina dioceses is on Yom Kippur, “the great day of covering over,”
and we honor Jesus, who paid the ransom for our sins with His precious blood.
Forgive us our trespasses as we forgive those who trespass against us.
We appeal to heaven and humbly ask for an alignment of this court case with Your perfect justice and righteousness.
We bless the South Carolina Court and Justices, the lawyers on both sides of this case, and the churches they represent.
May Your name be honored in all of the proceedings.
Your kingdom come to this hearing, Lord.
Your will be done as it is in heaven. Amen.

Please pray it all and there are more prayers for South Carolina here

Prayer for the Diocese of South Carolina posted on Monday September 21st

For the LORD’s portion is his people, Jacob his allotted inheritance.
You are worthy, our Lord and God, to receive glory and honor and power, for you created all things, and by your will they were created and have their being.
In a desert land he found him, in a barren and howling waste.
Worthy is the Lamb that was slain to receive glory.
He shielded him and cared for him; he guarded him as the apple of his eye,
Worthy is the Lamb that was slain to receive power.
like an eagle that stirs up its nest and hovers over its young, that spreads its wings to catch them and carries them on its pinions.
Worthy is the Lamb that was slain to receive strength.
The LORD alone led him; no foreign god was with him.
Worthy is the Lamb that was slain to receive honor.
He made him ride on the heights of the land and fed him with the fruit of the fields.
Worthy is the Lamb that was slain to receive riches.
He nourished him with honey from the rock, and with oil from the flinty crag,
Worthy is the Lamb that was slain to receive wisdom.
with curds and milk from herd and flock and with fattened lambs and goats, with choice rams of Bashan and the finest kernels of wheat. You drank the foaming blood of the grape.
Worthy is the Lamb that was slain to receive blessings.
Deuteronomy 32:9-14, Revelation 4:11, 5:12

Our Father in heaven,
We loose these songs of Moses and the angels over the courtroom hearings in the South Carolina litigation. Amen.

Please pray it all and there are more prayers for South Carolina here

Prayer for the Diocese of South Carolina posted on Monday September 14th

Ezra 6:22 (ESV)
And they kept the Feast of Unleavened Bread seven days with joy, for the Lord had made them joyful and had turned the heart of the king of Assyria to them, so that he aided them in the work of the house of God, the God of Israel.

Our Father in heaven,
We humbly request that You turn the heart of the judges to the Diocese of South Carolina in the upcoming litigation and aid the Diocese in the work of the house of God. Amen.

Please pray it all and there are more prayers for South Carolina here

Prayer for the Diocese of South Carolina posted on Monday September 7th
Psalm 22:3 (ESV)
Yet you are holy,
enthroned on the praises of Israel.

Revelation 4:6,8 (ESV)
And before the throne there was as it were a sea of glass, like crystal. And around the throne, on each side of the throne, are four living creatures . . . And the four living creatures, each of them with six wings, are full of eyes all around and within, and day and night they never cease to say,

Our Father in heaven,

Enthroned upon the praises of Israel, enthroned upon the praises of the four living creatures, enthroned upon the praises of those who have been adopted as sons and daughters through Jesus Christ,

Holy is Your name.

We thank You for the blessings that You bestow upon the Diocese of South Carolina each and every day. You are her Provider, her Protector, and her Defender. You are her Good Shepherd.

The Diocese of South Carolina shall not want. You make her lie down in green pastures. You love her with a love that is beyond measure. You know her needs, and You sustain her, even in this season of litigation.

You lead her beside still waters. All of her fountains of joy are in You. You restore her soul.

You lead her in paths of righteousness for Your name’s sake. Your word is a lamp to her feet and a light to her path. Through Your precepts, You give her understanding.

Even though she walks through a valley of litigation, You are with her. She will fear no evil, for You guide her continually and satisfy her desire in scorched places and make her strong. Your rod and Your staff, they comfort her.

You prepare a table before her in the presence of her enemies. She delights in wine and milk without money, without price! She listens diligently to You and eats what is good. She delights herself in Your provision, and You anoint her head with the oil of gladness.

Her cup overflows, and she shall be like a watered garden, like a spring of water, whose waters do not fail. Surely goodness and mercy shall follow her, and she shall dwell in the house of the Lord forever. Amen.

Please pray it all and there are more prayers for South Carolina here

The upcoming hearing of the appeal by TEC and its local agents against the first instance decision in favor of the Diocese of South Carolina is due to start on September 23rd. T19 will be posting prayers for the Diocese of South Carolina and its legal team as well as for the Court, judges and all involved as the hearing date approaches and encourages intercession for the people of God and His mission in South Carolina during this time.
1 Chronicles 27:25 (AMP)
Over the king’s treasuries was Azmaveth son of Adiel; and over the treasuries in the country, cities, villages, and towers or forts was Jonathan son of Uzziah;

Azmaveth”“strong as death
Adiel”“the witness of the Lord
Jonathan”“Yahweh has given
Uzziah”“Yahweh has helped

Our Father in heaven,
Your witness, Your help, Your gifts are the treasures of the Diocese of South Carolina.
We thank You for the bounty of Your treasuries.
You are the Lord of life, our Creator, and You overcome death.
Be present to the Diocese of South Carolina during the ongoing litigation, we pray.
Amen.

Please pray it all and there are more prayers for South Carolina here

From here:

The Protestant Episcopal Church in the Diocese of South Carolina; The Trustees of The Protestant Episcopal Church in South Carolina, a South Carolina Corporate Body; All Saints Protestant Episcopal Church, Inc.; Christ St. Paul’s Episcopal Church; Christ the King, Waccamaw; Church of The Cross, Inc. And Church of the Cross Declaration of Trust; Church of The Holy Comforter; Church of the Redeemer; Holy Trinity Episcopal Church; Saint Luke’s Church, Hilton Head; St. Matthews Church; St. Andrews Church-Mt. Pleasant Land Trust; St. Bartholomews Episcopal Church; St. David’s Church; St. James’ Church, James Island, S.C.; St. John’s Episcopal Church of Florence, S.C.; St. Matthias Episcopal Church, Inc.; St. Paul’s Episcopal Church of Bennettsville, Inc.;
St. Paul’s Episcopal Church of Conway; The Church of St. Luke and St. Paul, Radcliffeboro; The Church of Our Saviour of the Diocese of South Carolina; The Church of the Epiphany (Episcopal); The Church of the Good Shepherd, Charleston, SC; The Church of The Holy Cross; The Church of The Resurrection, Surfside; The Protestant Episcopal Church of The Parish of Saint Philip, in Charleston, in the State of South Carolina; The Protestant Episcopal Church, The Parish of Saint Michael, in Charleston, in the State of South Carolina and St. Michael’s Church Declaration of Trust; The Vestry and Church Wardens of St. Jude’s Church of Walterboro; The Vestry and Church Wardens of The Episcopal Church of The Parish of Prince George Winyah; The Vestry and Church Wardens of The Church of The Parish of St. Helena and The Parish Church of St. Helena Trust; The Vestry and Church Wardens of The Parish of St. Matthew; The Vestry and Wardens of St. Paul’s Church, Summerville; Trinity Church of Myrtle Beach; Trinity Episcopal Church; Trinity Episcopal Church, Pinopolis; Vestry and Church Wardens of the Episcopal Church of The Parish of Christ Church; Vestry and Church Wardens of The Episcopal Church of the Parish of St. John’s, Charleston County, The Vestries and Churchwardens of The Parish of St. Andrews, Respondents. v. The Episcopal Church (a/k/a The Protestant Episcopal Church in the United States of America) and The Episcopal Church in South Carolina, Appellants.
Attorneys: Allan R. Holmes, Sr. and Timothy O. Lewis, both of Gibbs & Holmes, of Charleston, David Booth Beers and Mary E. Kostel, both of Goodwin Procter, LLP, of Washington, DC, Blake A. Hewitt and John S. Nichols, both of Bluestein Nichols Thompson & Delgado, of Columbia, Thomas S. Tisdale and Jason S. Smith, both of Hellman Yates & Tisdale, of Charleston and R. Walker Humphrey, II, of Waters & Kraus, of Dallas, Texas, for Appellants. C. Alan Runyan and Andrew S. Platte, both of Speights & Runyan, of Beaufort, Henrietta U. Golding and Amanda Bailey, both of McNair Law Firm, of Myrtle Beach, C. Mitchell Brown, of Nelson, Mullins, Riley & Scarborough, of Columbia, Charles H. Williams, of Williams & Williams, of Orangeburg, David Cox, of Barnwell Whaley Patterson & Helms, of Charleston, Thomas C. Davis, of Harvey & Battey, of Beaufort, Harry Easterling, Jr., of Bennettsville, G. Mark Phillips, of Nelson, Mullins, Riley & Scarborough, of Charleston, W. Foster Gaillard and Henry Grimball, both of Womble, Carlyle, Sandridge & Rice, of Charleston, Keith McCarty, of McCarty Law Firm, of Charleston, William A. Scott, of Pedersen & Scott, of Charleston, Mark Evans, of Charleston, David B. Marvel and David L. DeVane, both of Prenner Marvel, of Charleston, John Furman Wall, III, of Mt. Pleasant, Allan P. Sloan, III and Joseph C. Wilson, IV, both of Pierce, Herns, Sloan & Wilson, of Charleston, Edward P. Guerard, Jr., of Mt. Pleasant, C. Pierce Campbell, of Turner, Padget, Graham & Laney, of Florence, Robert R. Horger, of Horger, Barnwell & Reid, of Orangeburg, Saunders M. Bridges, of Aiken Bridges Elliott Tyler & Saleeby, of Florence, Lawrence B. Orr, of Orr Elmore & Ervin, of Florence, Francis M. Mack, of St. Matthews, Robert S. Shelton, of The Bellamy Law Firm, of Myrtle Beach, William A. Bryan, of Bryan & Haar, of Surfside Beach, Harry Oxner, of Oxner & Stacy, of Georgetown, Susan MacDonald and Jim Lehman, both of Nelson, Mullins, Riley & Scarborough, of Myrtle Beach, Brandt Shelbourne, of Shelbourne Law Firm, of Summerville, Stephen S. McKenzie, of Coffey, Chandler & Kent, of Manning, John B. Williams, of Williams & Hulst, of Moncks Corner, George J. Kefalos and Oana D. Johnson, both of George J. Kefalos, P.A., of Charleston, Stephen Spitz, of Charleston and Thornwell F. Sowell, III and Bess J. Durant, both of Sowell Gray Stepp & Lafitte, LLC, of Columbia, for Respondents.

The Bishop of Los Angeles has retaliated against clergy and lay members of St James the Great Episcopal Church in Newport Beach, Cal., for having brought misconduct charges against him under the Episcopal Church’s Title IV disciplinary canons, alleges the Save St James the Great coalition.

According to a supplement filed last week to the complaint, (printed below) attorneys for the Rt. Rev. J. Jon Bruno have harrassed witnesses and members of the parish who had brought charges against him. Bishop Bruno is accused of trying to depose the husband of parish vicar the Rev. Canon Cindy Evans Voorhees and seeking legal sanctions for his alleged non-cooperation with his attorney’s demands, and have threatened to bring civil legal charges against those who signed the complaint, accusing them of “malicious prosecution.”

Read it all.

The people of St. James the Great Church in Newport Beach, California, thought they had their bishop’s long-term support when they moved into the building in October 2013, after the diocese’s long-term property battle with former members who joined the Anglican Church in North America. He was at the ceremony and offered his blessing.

But now they have no building because the Rt. Rev. J. Jon Bruno signed a deal in May to sell it for $15 million to a luxury housing developer. They feel betrayed, and they are fighting back.

In July church members filed a lengthy complaint, or presentment, against the bishop. It charges Bishop Bruno with 147 violations of church law, ranging from conduct unbecoming a bishop to reckless or intentional misrepresentation, under Title IV of church canons.

Read it all.

Bishop Iker and the people of the diocese of Fort Worth win case.
Today the Hon. John P. Chupp signed his Final Judgment concerning the Motions for Partial Summary Judgment filed last December by the TEC-loyal plaintiffs and the defendant Diocese, Parishes, and Corporation, as well as Motions for Partial Summary Judgment concerning the TEC-loyal All Saints’ Episcopal Church (Fort Worth) filed by these same parties on May 6. In doing so, the 141st District Court affirmed and combined its orders of March 2 and June 10 [see the entries below], which upheld the Diocese’s right to dissociate from TEC and for the Corporation to retain its property ”“ including All Saints’ parish property transferred from the Dallas Diocese ”“ and elected leadership.

Today’s judgment brings to a close a process started on Aug. 30, 2013, when the Supreme Court of Texas ordered that the case, initially decided using a “deference” approach, return to the trial court and that the court reconsider the parties’ claims, applying the Neutral Principles approach instead.

The trial court’s ruling now becomes appealable, and the TEC-affiliated plaintiffs have indicated their intention to ask the Second Court of Appeals for a review. In early August the court is expected to issue an order stating terms that will allow the TEC-affiliated congregation of All Saints’, Fort Worth, to remain in the property it now occupies during the duration of the appeal.

We give thanks for our many blessings, for God’s work among us, and for the Hope of Salvation that is within us. We are thankful, too, for the patient endurance of all those who have prayed and labored for this day, especially our legal team, their associates, and their families.

Read it all

Judge Chupp has entered a final judgment against TEC, its rump diocese of Fort Worth and its parishes, thereby ending the lawsuit in which they sought to claim the corporation, property and bank accounts owned and controlled by Bishop Jack L. Iker and his co-trustees. Judge Chupp ordered that the plaintiffs “take nothing” from their complaint. This leaves all real property, corporate control and diocesan bank accounts exactly as they were after Bishop Iker and his Episcopal Diocese of Fort Worth voted to leave TEC in November 2008.

The TEC parties have said they plan to appeal the final judgment to the Second Circuit Court of Appeal. However, any such appeal will be guided by the “neutral principles of law” announced by the Texas Supreme Court when it reversed Judge Chupp’s original judgment in their favor, based upon his belief that he was required by Texas law to defer to the “hierarchical” Episcopal Church. Under neutral principles, the Texas courts look solely to the documents establishing a party’s title: whose name is on the deeds, what trusts have been recorded, and what (if anything) the Church’s governing documents say about a diocese’s ability to amend its own constitution so as to remove its affiliation with the Episcopal Church.

Read it all

When Frances “Rita” Eby died in January 2014 at age 96, her daughter knew where she would inter her mother’s cremated remains ”“ she would bury them in the rose garden at St. James the Great Episcopal Church in Newport Beach.

“Her church was so close to her heart,” said Eby’s daughter, Trish Norman.

Eby, Norman and St. James had a history. Eby was a congregant and volunteer at the church for 60 years. And Norman, 75, was confirmed at the church and attended Sunday school there.

So last month, when the Episcopal Diocese of Los Angeles shuttered the church on Via Lido as part of a plan to sell the property, Norman was concerned about what would become of the remains of her mother and 11 others buried in the rose garden.

Norman was further disturbed when she heard that the land could be sold to a developer to build luxury townhouses, a sale that might raise $15 million for the diocese.

“Who does that? You wouldn’t go into Pacific View and build townhomes there,” she said, referring to a local cemetery.

Read it all

Read it all.

The new charges will add to his recent woes. After the news came out that Bishop Bruno purportedly had arranged a “sweetheart” private deal with a developer — no bids or listing of the property, but just terms worked out with a single buyer who wants to erect a suite of expensive townhomes on the property — he received a letter from the original developer of Lido Isle (the area of Newport Beach where St. James is located), the Griffith Corporation. That letter informed him something he ought to have known already: that the property on which the church stands was gifted to the Diocese for use only for church purposes. Griffith stated that if he went through with the proposed sale, the property would automatically revert back to it.

The letter caused Bishop Bruno to instruct his attorneys immediately to sue the Griffith Corporation for “slander of title” — a rather heavy-handed response to the donor of one’s most valuable property. You can read the complaint and see the original deed of gift at this link — the deed restriction is for real, and the courts enforce them as written.

It will be interesting to watch this scenario play out — whether the Bishop can remain on top of the situation will require that he first rein in his attack dogs, and begin treating donors and parishioners for the valued assets they are. Meanwhile, some useful information is emerging. According to this letter to the Diocesan Standing Committee, Bishop Bruno told the parish that he was trying to recoup the Diocese’s litigation expenses (incurred in suing four former parishes, including the previous congregation of St. James) of Nine Million Dollars. That is five million dollars greater than I had estimated in tallying up all the costs of Church litigation, as reported in this post.

Read it all.

The Bishop of Los Angeles urged members of St James the Great Episcopal Church to trust him, because he was their bishop and his word was his bond. However, members of the Newport Beach, Cal., parish have now filed a complaint under the Episcopal Church’s disciplinary canons against the Rt. Rev. J. Jon Bruno alleging fraud, lying, abuse of authority, corruption and conduct unbecoming a member of the clergy.

On 6 July 2015 members of the Orange County congregation, who have been locked out of their church since the beginning of July on the orders of the bishop, filed a complaint under Title IV alleging “140 canon violations” by their bishop.

Read it all.

Bishop William White of Pennsylvania, who first expressed the idea of a national association of state churches that later became TEC, outlined a plan “for organizing these Church of England congregations.” White was “very sympathetic to the notion that the individual state organizations and dioceses should have the full and open control of their own property and of their own government” (p.27)

Take the time to read through it all (74 page pdf).

And now — enter God’s poetic justice. It seems that Bishop Bruno, who is as quick as any Episcopal Church diocesan to recognize a Dennis Canon interest in property when he comes across one, forgot about an earlier reversionary interest in the St. James parish property. It turns out that the original developer of the area, Griffith Company, donated in 1945 the land on which the beautiful St. James building was erected, to the Protestant Episcopal Bishop of the Diocese of Los Angeles, upon “the condition, covenant and restriction” that

The property conveyed shall be used for church purposes exclusively and no building other than a church and appurtenances shall be erected, placed or maintained thereon. The foregoing restriction shall be binding upon the [Bishop], his successors and assigns. Upon the breach of the foregoing condition, the title to said property … shall become at once divested from the [Bishop], his successors and assigns, and shall revert and revest in the grantor [Griffith Company], its successors or assigns.

Thus if Bishop Bruno carries out his plans to sell the property to the current developer, the only thing that developer could do with the property is maintain the existing church building on it (or build a brand-new one). And thus there is no way a developer would pay $15 million for land that is so encumbered.

Read it all.

On 26 June 2015 attorneys for the Rt. Rev. J. Jon Bruno filed suit in an Orange County Court claiming the Griffith Company had slandered the title to the property sold for $15 million dollars to a developer who plans to demolish the church and build condominiums.

The suit states that on 10 June 2015, attorneys for the Griffith Corporation wrote to the bishop stating that when they had conveyed the land to the Episcopal Church in 1945, a restriction had been placed on the deed that required the property to be used solely as a church.

The attorney’s letter (pictured below) stated in 1984 the church contacted the Griffith seeking a release from the deed restriction to allow three lots adjacent to the church to be used as a parking lot. The Griffith Corporation agreed to removing the restriction on the three lots, but its attorney stated his client: “never released, nor intended to release the covenant, condition, restriction for “church purposes exclusively’.”

If the property were no longer used as a church, the land would revert under the terms of the deed to the Griffith Corporation, not to the bishop to sell.

Read it all

There is a lot of misinformation being published by the Los Angeles diocesan leadership about the status of St. James the Great as recent[ly] as this past week….

On May 17th, Bishop Bruno without warning or discussion told the parish he sold the building. Not only had he sold it, but there was no plan as to where anyone should go or do. The parish was devastated. To some this was the second time they had lost their building; to most, who were just starting to come back to church or who are unchurched, could not understand how one man could unilaterally make this decision, especially on a church with a 70-year legacy and *the* last church near Lido Isle.

The pastoral care I have had to administer as a result of this decision has been exhausting. I have had parishioners fall into my arms with tears of disbelief. One couple told me they waited 53 years to find a church they could both agree on and finally found it at St. James the Great.

When I asked what was to become of the 150 families Bishop Bruno said they could go to other churches in the area. This, after spending 18 months of their time, talent and treasure to rebuild a viable, *growing *church.

Read it all.

Update: Lawsuit filed to block the sale of St James Newport Beach

A California court has been asked to block the sale of St James Newport Beach by the Episcopal Diocese of Los Angeles to real estate developers.

On 22 June 2015 a coalition of parishioners called the Save the St James the Great coalition filed suit in the Orange County Superior Court against the Episcopal Bishop of Los Angeles and real estate developers Legacy Partners Residential. A hearing has been scheduled before the Hon. David McEachen for 9:00 am on 24 June 2015 in the matter: 30-2015-00794789-CU-OR-CJ

Read it all

TEC’s essential legal arguments can be distilled down to one proposition: TEC claims to be a “hierarchical” church, with complete, top-down control of the entire organization.

“There are multiple and significant problems with these assertions in this case as detailed in this brief,” said the Rev. Jim Lewis, Canon to the Ordinary. “First, TEC’s organizational structure is irrelevant to this case. The U.S. Supreme Court has ruled clearly and repeatedly that in property matters of this sort courts not only can, but should decide them based upon ‘neutral principles of law’ if that can resolve all the issues. That means questions of ownership can be settled on the same basis as in any secular case.”

An example of this point is the 2009 decision of the All Saints case by the South Carolina Supreme Court. As in any litigation involving churches, doctrinal issues are often involved. However, if the court can decide the matter applying the customary laws of property ownership, it may do so. That occurred in All Saints.

Read it all

and see also Diocese of South Carolina’s PR on TEC’s ”˜Spurious’ Offer to Settle

The offer was made by a local attorney who represents the 20 percent of members who remained with TEC when most of the Diocese disaffiliated in 2012. It promised that TEC would end its multimillion dollar legal campaign to seize local church properties if the parishes agree to hand over the Diocese’s identity, its other assets including the Diocese’s offices on Coming Street in Charleston and the St. Christopher Camp and Conference Center, which is prime real estate that could be sold off by the cash-strapped denomination.

“This is not a legitimate offer of good faith negotiation and never was intended to be,” said the Rev. Canon Jim Lewis, Assistant to Bishop Mark Lawrence. “It was a spurious offer chiefly made to disrupt submission of our brief and make them look good in the press.” Lewis said. “As a matter of fact, the Presiding Bishop’s chancellor is on record as saying they would never settle. In that, they have been utterly consistent up until now.”

“Judge Diane Goodstein ruled that TEC has ”˜no legal, equitable or beneficial interest’ in these properties. TEC appealed the matter and a hearing is scheduled before the South Carolina Supreme Court in September. If TEC were confident of its case, they would be eager for justice to be served and would not attempt to derail the next step in the legal process . Their so-called proposal has been unanimously rejected by all parties.”

Read it all.

Read it all.

A judge has ruled that a diocese in Texas which broke away from The Episcopal Church over theological differences is the rightful owner of its church property.

Judge John Chupp of Tarrant County ruled Wednesday that All Saints Episcopal Church belongs to the…Diocese of Fort Worth rather than the national denomination.

Read it all.

Early reports coming in
News has just been received that Bishop Iker and his Episcopal Diocese of Fort Worth are the victors in the separately-tried lawsuit to determine the ownership of the grounds and property of All Saints, Fort Worth.

Judge John Chupp of the Tarrant County District Court had severed off the All Saints case, because its facts were more dependent on documents and circumstances that were not shared with all the other parishes in dispute…

Read it all

Update: Video added June 1

Over the years, the Diocese of Los Angeles moved in a more liberal, revisionist direction but some parishes, including St. James, remained faithful. After my father retired in 1985, the vestry of St. James called a young priest from South Dakota to be their new Rector. The Rev. David Anderson and his lovely wife and children came to sunny California from a much different place. However they brought with them the same faith my father and the people of St. James held. Under Father David’s leadership, St. James grew and became an even more vibrant place of ministry and gospel witness. Healing ministries continued to flourish. New ministries were birthed””“Discovery (a kind of in house “Cursillo”) to introduce new members at St. James to discipleship in Christ, outreach to local rescue missions and jails, and a focus on evangelism through pre-marital and baptismal preparation. Many members of St. James were encouraged to participate in the life of the Diocese, to engage different points of view, and to share their Biblical faith in Christ with both truth and grace. As the congregation expanded, so did the building and facilities. Even after Father Anderson retired from St. James in 2004 to lead the American Anglican Council, St. James remained a place of faithful gospel witness in one of the most affluent areas of the country.

It’s with these memories in mind that I was saddened when I heard what The Episcopal Church was planning on doing with St. James. Like hundreds of other parishes, St. James voted to leave The Episcopal Church in the early 2000’s and was subsequently mired in a protracted lawsuit with The Diocese of Los Angeles. After years of fighting in court, the Diocese won the property. At the time, Bishop Jon Bruno said St. James was for those faithful Episcopalians in the Newport Beach area. So it was surprising when I read this Monday that Bishop Bruno and the Episcopal Diocese of Los Angeles had agreed to sell St. James to a real estate developer. It will be bulldozed to the ground to make room for retail boutiques and condominiums, in keeping with the redevelopment of downtown Newport Beach. No provisions have been made for any sacred space for people of faith to replace this sacred space in the heart of the city.

Read it all.

The Episcopal Diocese of Los Angeles is nearing the end of negotiations to sell St. James the Great Episcopal Church in Newport Beach to real estate developers.

Bishop J. Jon Bruno announced the sale to congregants Sunday, Diocese spokesman Robert Williams said. The sale of the church could bring in roughly $15 million — twice the appraised value of the site, Williams said.

Services at the church will likely continue into the fall, Williams said. No information on where congregants will be moved or whether the congregation may reopen at a different site was available on Monday, he said.

Read it all.