Oral arguments on each side’s motion for partial summary judgement were heard this morning in a two-hour hearing before the Hon. John Chupp, and a ruling is expected from him soon. The judge asked for each side to submit proposed orders to him on Monday, Feb. 23. He will likely select one of them to sign, subject to any alterations he may wish to make.
In the course of the hearing before several dozen clergy and lay people, Judge Chupp asked each side, “What are you asking me for today?” The Plaintiffs argued for a “simple solution” acknowledging that the property is held in trust for the Diocese and Congregations by those individuals recognized by The Episcopal Church.
The Diocese and Corporation countered that, under neutral principles of law as mandated for the trial court to follow, the Dennis Canon has been found by the Texas Supreme Court to have been revoked, leaving the property in trust for the parishes and missions in fellowship with the Diocese, and only those individual defendants before the court are the duly-elected officers of the Diocese and the Corporation.
Judge Chupp posed a number of questions to the Plaintiffs during their presentation, and the discussion was frequently animated. Near the conclusion of the hearing he indicated a philosophical preference for local self-determination, asking, “Why do we need to have a ”˜big government’ solution to this where a New York church says [what is best]?”