With an Episcopal diocese that wants to secede from its denomination and several Presbyterian Church (USA) congregations that are trying to do the same, Western Pennsylvania courts could soon be awash in lawsuits over church property.
What is at stake beyond souls are millions of dollars in assets and in buildings where generations have worshiped. Activists for both the denominations and seceding parishes express public confidence that civil courts will rule on their favor. But experienced attorneys on both sides believe the outcomes uncertain. That may be especially true if a whole diocese tries to secede — which is without legal precedent.
“Property law varies from state to state. It varies from one end of the commonwealth to the other,” said Michael McCarty, a Philadelphia attorney who has represented several churches that want to leave the mainline Presbyterian Church (USA) for the more conservative Evangelical Presbyterian Church.
Because the state Supreme Court has ruled that church cases will be decided on the basis of their deeds and other legal documents, “I suspect that in Pennsylvania [decisions] are going to come down to a case-by -case, parcel-by-parcel, analysis,” he said….
“This is new and sad territory,” said Robert Royce, a former Episcopal chancellor, now living in North Carolina, who has been an expert witness for the denomination’s side. “Both in our canons and experience we have never had a diocese threaten to bolt before. As far as I am concerned, this has never been litigated to the point where there is a legal precedent which would be binding. This is all new territory for everybody.”
And this is of course why it is so absurd for lawsuits to go on without negotiated settlements.
Agree. But these are the only lawsuits that cannot be settled. This really says something about TEC.
Reminds me of this:
[url=http://www.anu.edu.au/polsci/marx/classics/manifesto.html]4. Confiscation of the property of all emigrants and rebels.[/url]