St. John’s Church is changing ”“ again. After services ended several years ago at the Episcopalian church on the Union City/North Bergen border, a group of local residents and former congregants repurposed the space to hold community functions and kids’ classes. Now a large part of the church is being sold to a developer to be turned into low-income housing for a special needs population.

On Monday, July 28 the Zoning Board of Adjustment of the City of Union City held a special public meeting at which they approved the application by Garden State Episcopal Community Development Association Corporation (GSECDC) to purchase all of the church property except the rectory and sanctuary, and build 13 condominium units within the space….

At the Zoning Board meeting and a community meeting with the developers one week earlier, residents raised concerns about whether the programs previously held within the church space will be allowed to continue. The answer to that question is still up in the air.

Read more: Hudson Reporter – Historic church to become special needs housing Questions asked about community programs who gets priority for units

Read it all.

Wellspring Anglican Church was birthed during the pangs of dissension between the theologically liberal Episcopal Church and its dioceses and parishes whose members held more conservative views. The first and only local congregation to voluntarily leave its former property at the beginning of the conflict, the Wellspring group walked away from a multimillion-dollar campus at St. Paul’s on Oakdale Road in 2009 and has spent the past five years meeting in rented space in downtown Modesto.

Parking has been tight, trains rumbling next to the sanctuary have disrupted worship services, and having people in the area who were vagrants or addicted to drugs posed challenges, but the congregation persevered.

Members finally will have their own home again. The congregation bought a building near the Modesto Junior College West Campus in 2013 and is remodeling the former food-testing laboratory space to make it suitable for a church. Work is expected to be complete in early 2015.

Read it all.

The trial court in Quincy first handed a shock to TEC when it denied TEC’s summary judgment motion and ordering TEC to prove at trial that it was hierarchical….TEC was not prepared for this ruling coming out of the Adams County courthouse. Then, in a well-reasoned opinion after the trial, the trial court again disagreed with TEC, holding that: “There is no provision in TEC’s Constitution or Canons which require prior approval (by TEC) of a diocesan constitution or its canons. There is no express prohibition against withdrawal of a diocese.”

In a unanimous opinion, the Appellate Court also rejected TEC’s claims and held that TEC failed to prove that it was hierarchical. More importantly, it ruled that even if TEC were hierarchical, this was irrelevant because deference by the court to the determination of the hierarchy was not necessary since the property dispute could be decided using neutral principals of law. As stated by the Appellate Court:

This approach (neutral principals of law) may be applied in resolving property disputes, even within a hierarchical church organization, so long as the court need not decide a religious matter involving church doctrine, polity or practice. Read it all.

The three-week trial of the Diocese of South Carolina vs. The Episcopal Church (TEC) and The Episcopal Church in South Carolina (TECSC) ended July 25, with Judge Diane S. Goodstein, who presided, telling the parties what she wanted from them to assist in her deliberations.

Attorneys representing the Diocese, the Trustees and the Diocesan churches were given 30 days to create a three-page document describing the testimony given in court which explained the procedures they followed to legally separate from TEC, (such as amending their by-laws, giving notice of meetings, properly taking votes, etc.) They were then to send those documents to the Court and to TEC and TECSC whose attorneys will have 30 days to respond in a similar fashion.

In essence, the judge’s last words reiterated what she said throughout the trial: The case will be decided on neutral principles of law, which means that the judge must apply the law to this case as it would any other ”“ making no adjustments because it involves a religious organization. TEC and TECSC have opposed the application of neutral principles; essentially arguing that the judge should defer to their view on the issues since they are a religious organization.

Read it all.

On Day 7, ECUSA finally got to the meat of the matter by calling an acknowledged expert in South Carolina’s religious and non-profit corporations law, Professor Martin McWilliams of the University of South Carolina law school. He offered an elaborate theory as to why the diocese’s vote to secede from the national Church was invalid under South Carolina law: according to him, the diocese incorporated the national Church’s constitution and canons into its articles by reference, holus bolus, when it simply mentioned them in passing. Then, because the national governing documents (as amended from year to year) were part and parcel of the diocese’s corporate articles, it could not change those articles in any manner that was inconsistent with the Church’s governing documents.

This theory, however, had a hole in it so wide that one could drive a truck through it, and it was a simple matter for Bishop Lawrence’s counsel, on their cross-examination of Prof. McWilliams, to discredit it completely. First Prof. McWilliams conceded that there was no language in the national governing documents ”“ even if they had been incorporated into the articles by the brief reference to them ”“ which forbade a diocese from seceding, or from amending its articles in any manner whatsoever. And with that concession, any effect Prof. McWilliams might have had with his testimony was finished. For he next had to concede that the Diocese was wholly within its rights under South Carolina law when it amended its articles so as to remove its language of accession to the national Church.

After that major concession, the case for ECUSA and its rump group never regained its momentum, and their attorneys became ever more desperate in their tactics as they tried to recoup lost ground. On Day 8 they tried to call an expert witness they had not bothered to disclose by Judge Goodstein’s deadline, and she blocked the testimony after giving the hapless attorney trying to introduce it a good tongue-lashing for disregarding her rules.

Read it all.

We also had witnesses in rebuttal to the case made by TEC attorneys. Our diocesan administrator, Nancy Armstrong, combed through centuries of diocesan records to contrast monies that have come into the diocese from TEC and its various related agencies with monies sent by the diocese to TEC. This was in rebuttal to the one-sided presentations given by witnesses from the National Church (including UTO grants which any woman from our DCW can tell you are from contributions from the pews in congregations around the country and not from some National Church budget). In summary the court learned that for every 81 cents given by The Episcopal Church and its various entities to us in South Carolina and our congregations for ministry; the diocese sent $100 to TEC ($100 to 81 cent ratio), therein undermining the defendants’ one-sided presentation of the “facts”. In fifteen minutes of testimony she undermined hours of tedium and an endless parade of documents from so-called experts for the National Church. When Mr. Runyan called to the stand the renowned professor and historian, Dr. Allen Guelzo, author of some 16 books and a foremost historian of the Civil War era and 18th and 19th centuries of American intellectual history we were treated to a breath-taking tour de force disputing the alleged hierarchical assumptions of the national Episcopal Church. Others in this rebuttal stage of the trial were Fr. Robert Lawrence from Camp St. Christopher, the Rev. Greg Kronz, who chaired the Bishop’s search committee and Chancellor Wade Logan who once again punctuated our case. On the last day, I was called finally to the stand.

But I need to say, and can hardly say it enough, undergirding it all””felt at times in palpable ways””the prayers and intercessions from tens of thousands of the saints within the diocese and around the world upholding us in prayer. Some of these intercessors came to the courtroom to pray while testimonies and cross-examinations were taking place. Others of you prayed from home, perhaps on a lunch break, or while driving to and from your work place. Thank you! Thank you! Thank you!

Read it all.

Read it all.

The Church of England’s prolonged struggle to sell its stake in Wonga, the payday lender, illustrates the problems that investors can encounter when they lock up their capital in illiquid private vehicles instead of buying publicly traded securities that offer a straightforward exit.

However, buying and selling positions in existing private equity funds in the secondary market is becoming increasingly popular, attracting growing interest from institutional investors.

Ardian, a Paris-based manager, raised $9bn earlier this year to create the largest private equity secondary market fund to date while Lexington Capital Partners is looking to raise $8bn to $10bn for its latest secondary vehicle.

Read it all.

Here are 6 ways corporations act religiously:
1. They give generously from their company’s profits.

Manoj Bhargava, the reclusive founder and owner of the billion-dollar enterprise 5 Hour Energy, is a deeply religious man. He spent his twenties as a monk in India, traveling between monasteries on a spiritual quest. To this day, Bhargava spends an hour each morning in meditation, and he says that while he has “made a lot of money in the West,” he does “not believe in much personal consumption.” Bhargava has committed 90 percent of his company’s profits to charity, primarily to Hindu charities in India.

Bhargava predicts that over the next 10 years the company will give away over $1 billion to charity. Similarly, Christian brothers and business owners in Memphis recently gave their entire $250 million company away to their charitable foundation.

2. They are guided by their sacred texts.

Talia Mashiach is the high-powered founder of Eved, an e-commerce company. She is also an Orthodox Jew who draws upon her faith to lead her business and her employees. Eved now employs 50 people and processes over $80 million annually in transactions. Like many entrepreneurs, she experiences the tensions of integrating her faith with her business, but she gleans guidance from the Torah, the Jewish holy book.

Read it all.

Read it all.

Before asking his final question, [Alan] Runyan placed the Constitution and Canons of TEC for 2006 and 2009 on the edge of the witness stand and asked Daniel to identify them.

Runyan asked the witness to turn to the page in those documents where it says the diocese cannot withdraw from the Episcopal Church and read it to the court. “Is there a page or a phrase, or a sentence, in either of those that says, quote, a diocese may not leave the Episcopal Church without the consent of the general convention?” asked Runyon. “I don’t believe so,” answered [Bishop Clifton] Daniel. “But I may be wrong.”

“I’m sure it will be pointed out if you are.“ answered Runyan.

Read it all.

Countering Episcopal Church allegations that Bishop Mark Lawrence engineered the Diocese of South Carolina’s withdrawal from The Episcopal Church (TEC), a witness for the denomination on Tuesday acknowledged that the bishop was committed to remaining part of the denomination.

The Rev. Marshall Dow Sanderson of Holy Communion, Charleston, was called by TEC during the trial to protect the property of the diocese and its parishes from seizure by the national denomination. However, on cross examination, Sanderson admitted that Bishop Lawrence consistently sought to keep the Diocese intact within the national church before TEC attempted to remove him. He testified that, during a meeting of the clergy in 2009, Lawrence went so far as to coin the phrase “Intact and In TEC”.

TEC has repeatedly suggested that Lawrence had engineered the diocese’s withdrawal from the denomination over several years, conspiring with members of the clergy to separate from the national church. However, the “Intact and In TEC” slogan was used by Lawrence until the national church tried to remove him in 2012 ”“ as he was still trying to work out differences between the Diocese and the denomination.

Read it all.

Day Five for the Diocese of SC v. The Episcopal Church (TEC) began with a slight hiccup. To speed up the testimony of the 36 witnesses, Judge Diane Goodstein Friday asked attorneys for both sides to meet over the weekend to go over testimony that could be stipulated.

When attorneys for the plaintiff told Goodstein that the two parties had agreed that proposed stipulates would include the facts the witnesses would testify to in lieu of live testimony, attorney Tom Tisdale, who represents the rump group that now goes by The Episcopal Church in South Carolina (TECSC), tried to qualify stipulation, effectively diverging from what the plaintiffs had agreed to. Judge Goodstein told the defendants that , “Stipulations”¦they are agreements. I’m hearing from you we don’t have a Stipulation.” She told both parties she would give them 10 minutes to huddle and determine if they had agreement to stipulations.

When they returned from their meeting, both sides had agreed to all the facts that the witnesses would testify to, but also agreed that any conclusions of law would be the sole province of the court.

Read it all.

Tonight we’re about to take you to the place where hundreds of thousands come every year for a tempting bargain. But is it really worth it?

You’re about to meet a woman who flew 6,000 milines to get what she really wants, but is it worth it? If plastic surgery had a Mecca, it would be the ritzy district of South Korea. Everywhere you look there are women seemingly trying to look like the plastic doll-like plastic people here.

Thousands travel to Korea from all over the globe to go under the knife. I think the results would be here in Korea because they know the asian face better. Reporter: The plastic surgeons in Korea are regarded as among the best in the world that attracts clients like this lady.

Read or watch it all (note the transcript link at the bottom of the page).

During Trinity Church, Myrtle Beach’s testimony, the defendant’s attorney David Booth Beers asked the witness Frank Sloan repeatedly why they removed references to the national Church from their corporate documents.

After Plaintiffs objected Judge Goodstein said, agreeing with the objection, that the questions asked “goes to justification of why the entities did what they did. My concern is more the structure of the government-are we pre 1900 or after, when was the incorporation, what were the By-Laws? There’s been too much focus on the justification for why they did what they did. As it stands were not a hierarchical, state, we are for neutrality. The justification is interesting but not what I think should be the focus of this court.”

Suzanne Schwank, testifying for the Parish Church of St. Helena’s, Beaufort, brought a 1728 Prayer Book in which references to the royal family had been crossed out, a parish registry with an entry dating back to 1706 and parish vestry minutes dating to 1724. The Vestry minutes requested and empowered one Mr. John Kean to “procure a clergyman of the Episcopalian Church for the town of Beaufort SC” in 1784 prior to the formation of either the Diocese of South Carolina or The Episcopal Church.

Read it all.

I now proceed to the task immediately at hand: to correct certain deplorable misrepresentations of fact and law that are passing for substantive analysis on the side of the rump group supported by ECUSA. Though I have done this on earlier occasions, no one among them has taken my analysis to heart, or still less, refuted it. Instead, they keep on promulgating the same fictions, dressed up in new language. This, I submit, is a gross disservice to those who would read and rely upon them.

The blog post which I fisk below comes from an otherwise admirable blog which seeks to compile a history of the current Episcopal divide in South Carolina — a subject to which I have devoted posts here, and here. With regard to the regrettable division that occurred (regardless of who spurred it), the blogger, a retired history professor named Ronald Caldwell, has compiled a useful chronology, and indicates that he is writing a book tracing its origin and evolution.

Thus it seems more necessary than ever that an attempt should be made to set Prof. Caldwell straight, before he commits himself to print. I am taking as my text his post of July 9, 2014, entitled “Reflections on the First Day of Trial” [note: Prof. Caldwell has since modified the title to remove the first two words]. After a brief introduction, he writes:

1-the trial is “to protect” the assets of the independent diocese. Lawrence knows full well that under Episcopal Church law, that he swore to uphold in 2008, all local properties are held in trust for the Episcopal Church and her diocese. The diocese recognized this for years, until 2011. In fact, the trial is to convince the judge to hand over the Episcopal Church property to the independent diocese. There is a difference between protection and seizure.

Notice how this paragraph ignores the All Saints Waccamaw decision, as well as leaves out the trial court’s obligation to follow it.

Read it all.

Read it all.

ST. GEORGE, SC, JULY 10, 2014 ”“ Testimony continued today for the third day of the trial between the Diocese of South Carolina vs The Episcopal Church (TEC) and The Episcopal Church in South Carolina (TECSC).

Witnesses for the Plaintiff were called from The Cathedral Church of St. Luke and St. Paul in Charleston, St. Luke’s on Hilton Head Island, Holy Comforter in Sumter, Resurrection in Surfside, Church of the Redeemer, Orangeburg and St. John’s in Florence.

Read it all.

The morning was a cross examination of Canon Jim Lewis. Lewis testified yesterday how more than 90 percent of the convention clergy and delegates voted to disassociate from the national church (TEC).

The Plaintiffs called Robert Kunes, Treasurer of the Board of Trustees for the Diocese of South Carolina, to testify about the corporate governance of the Trustees.

Read it all.

[Jim] Lewis testified that the votes to withdraw from TEC passed with 90 percent or more support of the convention clergy and delegates. He also testified about the misuse of Diocesan symbols and seals by TEC and TECSC, and their intention to present themselves as the Diocese.

Lewis also shared with the court copies of historic documents that showed that the Episcopal Diocese of South Carolina existed in 1785 ”“ and that the Diocese was one of several post-colonial diocese to establish The Episcopal Church in the new United States. TEC has repeatedly claimed that the Diocese cannot exist outside the Episcopal Church ”“ even though it did historically.

Read it all.

Like many divorces, this one began with small tiffs that escalated.

After years of arguing over theology and administrative control, disputes among Episcopalians boiled over in 2012 when the local bishop and a majority of parishes left the national church.

The aftermath flows Tuesday into the courtroom of a circuit judge in St. George who will decide the future of more than $500 million in church property – although her ruling is likely to be appealed.

Read it all.

Read it all.

After a flurry of last-minute emergency motions and appeals, the so-called “Episcopal Church in South Carolina” rump group (“ECSC”) has run out of maneuvers to delay the start of the scheduled trial next week before Circuit Judge Diane Goodstein.

Well — they did manage to delay the start by one day. They had argued, in a last-minute motion for a continuance, that they had not had sufficient time to complete thirty-four depositions of persons familiar with each of the individual parishes who joined Bishop Lawrence’s Diocese of South Carolina as co-plaintiffs in the case. And Judge Goodstein denied their motion to continue the trial, but ordered them to complete all 34 depositions this Monday, July 7.

Then ECSC overreached….

Read it all.

Read it all.

South Carolina Circuit judge orders TEC to complete 34 depositions it had cancelled ”“ and cited as a reason to delay the trial ”“ on Monday

ST. GEORGE, SC, JULY 3, 2014 ”“ After 18 months of delays, a South Carolina court will on Tuesday begin considering the lawsuit to protect Diocese of South Carolina assets from seizure by The Episcopal Church (TEC) and its local subsidiary, The Episcopal Church in South Carolina (TECSC).

Read it all.

But [Judge] Goodstein ruled, and reaffirmed this month in order denying reconsideration of her ruling, that adding the parties to the lawsuit with new counterclaims “would unduly complicate this matter, especially at this state of the litigation.” The judge noted that the request to add the parties had already been denied by the court three other times.

Her ruling was appealed this week to the South Carolina Court of Appeals, putting the trial, for now, on hold.

“We are disappointed that The Episcopal Church filed another appeal, but not surprised,” said a statement from Jan Pringle, a spokeswoman for The Diocese of South Carolina. “This is the 4th time they have attempted to unnecessarily add additional parties.”

She said the diocese has filed a court response and hopes that the trial will not be delayed. She noted two of the people named in the motion no longer have leadership roles in the diocese.

Read it all.

You can read the article here but only if you read it alongside the A.S. Haley .

Local Episcopalians hoping to reclaim millions of dollars in church property, which is now controlled by those who split six years ago from the national Episcopal Church, are taking their case to the U.S. Supreme Court.

Leaders of the Episcopal Diocese of Fort Worth who remain faithful to the U.S. Episcopal Church filed a petition Thursday for a writ of certiorari with the nation’s highest court.

The petition asks the U.S. Supreme Court to review the decision of the Texas Supreme Court on Aug. 30, 2013, overturning a Fort Worth lower court’s ruling in January 2011 that awarded property and holdings in the 24-county diocese to those loyal to the national church.

The Texas Supreme Court called for a rehearing on property matters in Judge John Chupp’s 141st District Court based on “neutral principles” of Texas law. The “deference” principles used in the earlier decision gave weight to the hierarchical structure of the U.S. Episcopal Church and its claim of ownership of all church properties.

Read it all.

You may download the entire argument and listen to it from a link at this page on the Court’s Website.

Mary Kostel began with the appellant’s argument, which urged that courts must always defer to a “hierarchical” church like ECUSA. She did not get far before Justice White interrupted her with a question: “Do we have to resolve that [ecclesiastical] question [of whether a diocese may leave the Church] before we can resolve who is entitled to this property?”

Ms. Kostel reiterated her view that courts may not resolve that question, because it is purely ecclesiastical in character. Justice White then asked her (echoing Judge Ortbal’s ruling) if it was not the case that there was no highest body in the Episcopal Church which had already ruled on whether a diocese may leave, so that there was no decision by the Church on that issue to which the civil courts would have to defer. Ms. Kostel claimed that to the contrary, there were two decisions before Quincy voted to leave in 2008 — decisions by “the highest body in ECUSA that had been assigned by the General Convention to make these decisions” — and she clarified that she meant by that the House of Bishops.

This point was typical of how Ms. Kostel’s argument picked on elements of the record with which civil judges could not be expected to be familiar. General Convention, of course, has never “assigned” to the House of Bishops the jurisdiction to decide whether or not a Diocese may leave the Church. Judge Ortbal’s minute and careful examination of the record had concluded that there was no judicatory body in ECUSA with any jurisdiction over that issue.

Read it all.

The liveliest discussion during the opening session of the Episcopal Church’s Executive Council June 10-12 meeting here surrounded how much money the General Convention ought to ask dioceses to contribute to the church-wide budget ”“ and what should be done about dioceses that do not pay the full amount.

The discussion took the form of an informal poll of council members by Diocese of Ohio Bishop Mark Hollingsworth, chair of council’s Joint Standing Committee on Finances for Mission. FFM, as the committee is known, is in the process of helping to shape the draft 2016-2019 budget that council must construct by February 2015. Hollingsworth gave each council member 30 seconds to share what they are hearing around the church about the budget-funding process, and what they think ought to be done.

In the 2013-2015 triennium, dioceses are asked to contribute 19 percent of their annual income to help fund the church-wide budget. Each year’s annual giving in the three-year budget is based on a diocese’s income two years earlier, minus $120,000.

Read it all.