SteadfastInFaith.org

Appellate Court 2010 Decision

From here: http://stjamesnb.org/content/appellate-court-2010-decision
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News from St. James Anglican Church

Contact: Karen Bro
Communications Director, St. James
[949] 235-4568 – mobile

Eric C. Sohlgren, Lead Attorney
Payne & Fears LLP
[949] 851-1100 ext. 252 – office
[949] 439-6149 – mobile

FOR IMMEDIATE RELEASE

In a “Revolutionary” Decision,
California Court of Appeal Robs St. James Church of
Constitutional Right to Defend its Property in Court

NEWPORT BEACH, Calif. – March 29, 2010 – Late Friday, March 26, 2010, the California Court of Appeal, Fourth Appellate District, Third Division – in a 2 to 1 split – issued a decision granting a petition brought by the Episcopal Church seeking to deprive St. James Anglican Church of any opportunity to submit its evidence to the trial court to defend its property.

Since the appellate decision does not become final for at least 30 days, St. James is now considering a possible appeal to the California Supreme Court as suggested by Justice Fybel in his stinging dissent.

At the start of the case, the Orange County Superior Court ruled in 2005 (see case summary, below) that the Episcopal Church’s allegations were legally defective. After the trial court dismissed the Episcopal complaints, the appellate courts took years to decide what law should apply to the dispute, eventually ruling that the Episcopal complaints could go forward. In early 2009, the California Supreme Court sent the case back to the Orange County Superior Court, where St. James for the first time answered the Episcopal complaints, raised affirmative defenses, began discovery, and looked forward to defending the property that its members bought, paid for and maintained since its founding six decades ago. Friday’s decision rules that St. James may not defend itself, and that the Episcopal Church is entitled to judgment in their favor based on their allegations alone.

Justice Fybel asked the California Supreme Court to step in and set straight the majority’s unprecedented ruling (emphasis below is in the original opinion):

U.S. Supreme Court Decides on Petition for Writ of Certiorari

News from St. James Anglican Church

FOR IMMEDIATE RELEASE

ST. JAMES CHURCH’S PROPERTY RIGHTS BATTLE WITH THE EPISCOPAL CHURCH CONTINUES IN CALIFORNIA’S ORANGE COUNTY SUPERIOR COURT; U.S. SUPREME COURT DENIES PETITION

NEWPORT BEACH, Calif. – October 5, 2009 – The Supreme Court of the United States today denied a petition by St. James Church, Newport Beach, CA to hear its church property rights battle with the Episcopal Diocese of Los Angeles and the national Episcopal Church (TEC). However, the property rights case is far from over and the case continues in the Orange County Superior Court in Santa Ana, CA.