The Episcopal Diocese of Rochester has the rights to the property of the All Saints Church in Irondequoit even though the parish voted to break away from the denomination, the state’s highest court ruled today.
In 1989, All Saints Church signed a document that placed all of its property in trust for the diocese and the national church. The church has since separated from the national church because it disagreed with the ordination of a gay bishop.
But the separation didn’t affect the diocese’s right to the property, the Court of Appeals said in a unanimous ruling, upholding decisions made by two lower courts.
What, no comments?! Oh come on, reasserting gloaters, why so quiet now that the higher courts are finally correcting the errors of the lower courts?
RE: “Oh come on, reasserting gloaters . . . ”
No, no, plinx . . . this one called for raving revisionist gloaters.
. . . And look — there you are. ; > )
They signed over their property years earlier. Dumb on their part, but there you have it. I’m not sure how this will have any impact on similar cases around the country.
The reporter got it wrong in saying:
The opinion of the New York Court of Appeals (the state’s supreme court) says just the opposite: In 1979 (not 1989), the Episcopal Church adopted the Denis Canon. The parish had previously committed, at its 1947 formation, “to abide by and conform to the Constitution and Canons in force in the Episcopal Diocese of Rochester and to conform to all the canonical and legal enactments thereof.” The court held that the parish was bound by that commitment.
In other words, New York’s highest court has held that the Denis Canon, standing alone, establishes beneficial ownership of all parish property in the dioceses and TEC.