In fact, this story [raises questions about]…the oft-heard assertion that bishops are bound by… [Presiding Bishop Jefferts] Schori, Mr. Beers, 815 and “fiduciary duty” to eschew any negotiated settlements. As you will see,…[Presiding Bishop Jefferts] Schori and Mr. Beers were fully informed along the way as this negotiation proceeded.
Is this a precedent for negotiated settlements and a forbearance of arms? Is it an isolated case, or does it herald a new day? Raymond Dague himself draws the best conclusion:
“[This case] goes to prove that when the parties both desire to find an amicable way to sell a formerly Episcopal Church to an Anglican Church which has disaffiliated from TEC, that a way can be found. There is no legal bar to such a sale, nor is such a sale, even at a fraction of the assessed value of the property, in violation of the fiduciary duty of the diocese or TEC. Where there is the will to be gracious and settle without lawsuits, there is a way that it can be done, because it was done here. Perhaps the Helmetta experience might be repeated. It need not be an isolated incident if both parties in other cases have the good will to try it.”