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St. James Anglican Church in Newport Beach, California, is filing a petition for writ of certiorari in late May 2009 with the United States Supreme Court in a property dispute which affects countless churches, religious groups, and congregations throughout America. A petition for certiorari means that St. James is asking the Justices to review the opinion rendered by the California Supreme Court. It includes a list of the parties, a statement of the facts of the case, the legal questions presented for review, and arguments as to why the Court should grant the petition.

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Important Dates

Important dates to watch as this case makes its way to the United States Supreme Court. Please know that some dates are approximate and subject to change. Sign up for site alerts to be notified of changes.

Anglican.TV Interview with Eric Sohlgren

Attorney Eric Sohlgren discusses the latest legal news from California and St James Newport Beach and why the church is once again before the California Supreme Court. ~ June 2010.

Video provided courtesy of Anglican TV

California Supreme Court Unanimously Grants Review of St. James Church Petition

News from St. James Anglican Church
 
FOR IMMEDIATE RELEASE                     

California Supreme Court Unanimously Grants Review of St. James Church’s Petition Asking for Right to Pursue Its Property Ownership Case in the Orange County Superior Court

NEWPORT BEACH, Calif. – June 9, 2010 – In a unanimous decision, the California Supreme Court agreed today to hear St. James Anglican Church’s appeal that it has a constitutional right to continue its property rights battle against The Episcopal Church.  By granting the St. James petition, the Court has acknowledged that this property rights dispute is far from over as the Episcopal Church has claimed, and that the Court must decide whether a defendant can be deprived of its property before it has had the opportunity to defend itself with evidence in a court of law. 

St. James petitioned the California Supreme Court following a March opinion by two justices of the California Court of Appeal, Fourth Appellate District, Third Division, in which two of three justices interpreted a prior California Supreme Court decision called Episcopal Church Cases as having finally resolved the property dispute between the Episcopal Church and St. James in favor of the Episcopal Church, thus depriving St. James of any opportunity to defend its property with evidence in the Orange County Superior Court.

But a stinging dissent by the Appellate Court’s third justice called the majority’s opinion “revolutionary,” “unprecedented” and “without any basis in law.” Dissenting Justice Fybel said that this was “the only case in the history of California where entry of judgment has been ordered upon overruling a demurrer and denial of an anti-SLAPP motion.”  In the opinion, both the Court of Appeal majority and Justice Fybel urged the California Supreme Court to step in and clarify what it meant in its 2009 decision entitled, Episcopal Church Cases.
 

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Contact the SteadfastInFaith.org team directly using our online contact form or by reaching us at:

St James Anglican Church
Attn: SteadfastInFaith.org
3209 Via Lido
Newport Beach CA 92663
www.stjamesnb.org
Tel: +1 (949) 675-0210