Posts (Page 112)
Court of Appeals sets date for oral arguments on mandamus proceeding
The Court of Appeals has set oral argument on the mandamus proceeding for the Tarrant County Case for Tuesday, April 27, 2010 at 1:30 p.m. Click here to read a copy of the order.
Court of Appeals has ordered oral arguments on petition for mandamus
The Court of Appeals has ordered oral argument on the petition for mandamus but has not yet set a date for that argument. When that information is available we will update the website.
Diocese files response in Court of Appeals regarding mandamus
A response was filed on March 3 in the Court of Appeals regarding the mandamus proceeding out of the Tarrant County case. Note that it includes in the appendix a copy of the summary judgment out of the San Angelo case. Click here to read the full text of the response.
U.S. Supreme Court denies petition to hear La Crescenta property case
[ Episcopal News, Los Angeles] The U.S. Supreme Court today announced that it has denied a petition to hear an appeal from a breakaway congregation seeking claim to the property of St. Luke’s Episcopal Church of La Crescenta, California. The court posted its action, together with dozens of other petitions denied, on its web site. Meeting in conference on Feb. 26, the high court declined to hear the petition filed by St. Luke’s Anglican Church of La Crescenta, whose members voted…
Diocese of San Joaquin seeks return of property held by breakaway congregation
By Pat McCaughan, February 10, 2010 [Episcopal News Service] The Episcopal Diocese of San Joaquin went back to court Feb. 8 in an attempt to regain parish property held by a breakaway congregation, according to a diocesan press release. “Unfortunately, such litigation became necessary after the invitations of the diocesan bishop, the Rt. Rev. Jerry Lamb, to discuss the orderly return of the Churches were largely ignored,” according to the Feb. 10 release. “It is particularly disappointing given the recent…
Judge orders property returned to Episcopal Diocese of Pittsburgh
By Mary Frances Schjonberg, February 01, 2010 [Episcopal News Service] A judge has told the organization headed by former bishop Robert Duncan that claims to have withdrawn from the Episcopal Church in 2008 that it must turn over control of the Diocese of Pittsburgh‘s assets. In a Jan. 29 order County Court of Common Pleas Judge Joseph M. James accepted as accurate an inventory of diocesan property submitted by a “special master” he had appointed earlier and told Duncan’s organization…
Diocese files response to petition for writ of mandamus
On January 19, 2010 the Episcopal Diocese of Fort Worth, the Corporation of the Episcopal Diocese of Fort Worth, and their attorneys filed with the Fort Worth Court of Appeals their response to the Southern Cone parties’ petition for writ of mandamus. Here is a copy of the response. The mandamus action arises out of the Tarrant County case in which the Southern Cone defendants challenged Judge Chupp’s September 16, 2009 order. The court of appeals can rule in the…
Court Filings in Fort Worth by Southern Cone Parties
In a continuing effort to delay a hearing on the merits of the case, Defendant Jack Iker and other former diocesan leaders on November 13 filed a petition for writ of mandamus with the Second Court of Appeals in Fort Worth, seeking a review of Judge John Chupp’s October 2 ruling on their Rule 12 motion. The court issued a temporary stay of the proceedings in the trial court. The Episcopal plaintiffs and their counsel will file responses. Additionally, on…
San Diego Superior Court Rules in Favor of Episcopal Diocese
The San Diego Superior Court ruled in favor of the Episcopal Diocese of San Diego on Tuesday, November 10 in a property dispute involving the congregations of two churches that claimed to leave the Episcopal Church, taking church property with them. The dissenting congregations in the San Diego Diocese were members of St. Anne’s in Oceanside and Holy Trinity in Ocean Beach. In January 2006 and September 2006 respectively, leaders of these congregations renounced their membership in the Episcopal Church…
Georgia Court rules for The Episcopal Church regarding Christ Church Savannah
On Thursday, October 27, 2009 a trial court in Savannah, Georgia entered a summary judgment holding that, where the clergy and a majority of the parishioners left The Episcopal Church to join another church, The Episcopal Church and its Diocese of Georgia have a trust interest in the parish property. Confirming that the Dennis Canon I.7.4 was validly adopted and imposes a trust interest on the parish property, the court found “that the church property reverts to the control of…
Texas court in San Angelo decides in favor of the Episcopal Diocese of Northwest Texas
A Texas court in San Angelo entered a final judgment on October 8, 2009 in favor of the Episcopal Diocese of Northwest Texas and against former leaders of a parish who tried to remove the parish from the Episcopal Church and its Diocese. The 51st District Court of Tom Green County, Texas declared that the property of Good Shepherd Episcopal Church was held in trust for the Episcopal Church and the Diocese and that the continuing parish “is identified and…
U.S. Supreme Court declines to review California property decision
By Mary Frances Schjonberg, October 05, 2009 [Episcopal News Service] The U.S. Supreme Court October 5 refused to grant a petition of review from St. James Anglican Church in Newport Beach, which broke away from the Episcopal Diocese of Los Angeles. The court’s order came on the opening day of its fall term and was made public without comment in a 91-page list of procedural decisions it has made affecting the agenda for the term. The breakaway congregation in June…
Information on hearing before Judge John Chupp on October 2
The Hon. John P. Chupp, judge of the 141st District Court of Tarrant County, Texas on Friday Oct. 2, 2009, granted the request of attorneys for former Bishop Iker and others who left the Episcopal Church [defendants] for a continuance in the hearing on the motion by the Episcopal Church, the Episcopal Diocese of Fort Worth and the Corporation of the Episcopal Diocese of Fort Worth [plaintiffs] for a partial summary judgment. The hearing is now scheduled for 9 a.m.…
Statement on Judge John Chupp’s order granting rule 12 motion
What the legal language of the order means What the legal language of the order (click here to read it and note that the hand-written portions of the order are in the judge’s own hand) means is this: essentially the court refused to strike the pleadings i.e. it ruled that the reorganized Episcopal Diocese of Fort Worth and the Corporation had the right to continue to sue the defendants and establish our right to seek declarative judgment. The defendants lost on their…
Statement on hearing before judge John Chupp regarding legal representation of the diocese
The Hon. John Chupp, judge of the 141st District Court of Tarrant County, Texas today ruled that attorney Jon Nelson and Chancellor Kathleen Wells are not authorized to represent the diocese or the corporation that are associated with Jack L. Iker. These attorneys have never claimed to do so. The judge denied the motion by Bishop Iker’s attorneys to remove the diocese and the corporation from the lawsuit filed April 14, 2009. While the judge did make some off hand…
Attorneys present arguments in hearing, new date set before judge John Chupp
Attorneys for the Episcopal Diocese of Fort Worth and the Corporation of the Episcopal Diocese of Fort Worth presented arguments today in the 141st District Court of Tarrant County, Texas in opposition to two motions filed by former diocesan leaders challenging the authority of the attorneys and leaders of reorganized Diocese. The hearing was continued until 2 p.m. on Wednesday, September 16, at which time both sides will present short briefs on questions from the judge, the Hon. John P.…