On Friday afternoon, Jan. 21, attorneys for the Diocese and Corporation received two orders from the Hon. John Chupp in the matter of the main suit against us, in which a minority of former members has been joined by The Episcopal Church in an effort to claim diocesan property. Judge Chupp signed an order drafted by the plaintiffs’ attorneys, from which he struck several points with which he did not apparently agree. The order does find that TEC is a hierarchical church, and on that basis the judge has ruled in favor of the plaintiffs. The judge’s order can be read here.
Friday’s ruling from the trial court is a disappointment but not a disaster. The plaintiffs have offered no evidence, either in the courtroom or in their voluminous filings, supporting their claim that the Diocese was not entitled to withdraw from The Episcopal Church, as it did in November 2008. Nor have they demonstrated a legal right to our property, which is protected by Texas statutes regulating trusts and non-profit corporations.