'legal news' Tagged Posts (Page 2)
House of Bishops unanimously passes Mind of the House Resolution by roll call vote
House of Bishops Recognizes and Commends the Leadership of the Diocese of Fort Worth and Other Reorganizing Dioceses The House of Bishops today (July 8, 2012) passed a Mind of the House Resolution unanimously by roll call vote. A Mind of the House Resolution: “Resolved, That Episcopalians in the Dioceses of Fort Worth, Pittsburgh, Quincy and San Joaquin – lay and clergy – be commended for their unflagging efforts to continue to witness to God’s mission as The Episcopal Church…
ACNA Defendants Ask Texas Supreme Court to Set Oral Argument on Breakaways’ Appeal
The Breakaway Defendants have filed a motion to expedite the setting of the oral argument in our diocesan litigation pending before the Texas Supreme Court. The breakaway parties cited as reasons their declining membership and donations, the defection of several of their key breakaway leaders to the Roman Catholic Church, and the reported pending internal Church disciplinary proceedings under ecclesiastical canon law against the seven retired or current bishops who filed papers against the position of The Episcopal Church and…
Fort Worth, Quincy seek affirmation on church’s ‘hierarchical character’
Request relates to court filings in property litigation By Mary Frances Schjonberg [Episcopal News Service – Indianapolis] Episcopal Church Diocese of Quincy Provisional Bishop John Buchanan and Fort Worth Provisional Bishop Wallis Ohl want the House of Bishops to “set the record on the polity of this church regarding its hierarchical character.” Buchanan and Ohl wrote to Presiding Bishop Katharine Jefferts Schori July 5 to make the request and the House of Bishops discussed their letter during a closed session here July 6. The house is…
Texas Supreme Court Resets Oral Argument in Northwest Texas Case
On June 22, 2012 the Texas Supreme Court reset the oral argument in the Masterson case, which is the appeal by a breakaway faction seeking to overturn the judgment in favor of the Episcopal Diocese of Northwest Texas and the loyal Episcopalians at Good Shepherd Episcopal Church in San Angelo. The argument will be heard on Tuesday, October 16, 2012 at the 9:00 a.m. docket in the Supreme Court Building in Austin. This case had been set for oral argument…
U.S. Supreme Court Refuses Breakaway Petitions in Georgia and Connecticut Cases
On June 18, 2012 the United States Supreme Court denied petitions for writs of certiorari in two important church property cases from Georgia and Connecticut. The Court’s orders left in place decisions favoring the Presbyterian and Episcopal churches, both hierarchical churches, which had faced challenges from breakaway factions. These orders make final the judgments below and now open the way to the Churches’ recovery of local church property for their respective missions and ministries. The Court’s actions mean that it will not…
Change in Scope of April 28, 2011 Hearing
In a telephonic hearing on April 27, 2011, Judge John P. Chupp told the parties that, on April 28 at 2 p.m., he will hear the parties’ arguments about whether to allow the Episcopal Parties to conduct discovery on the factual issues raised in Defendants’ Motion to Set Supersedeas Bond and the Local Episcopal Parties’ Motion to Continue Hearing on Supersedeas and for Additional Protection. He indicated that the parties should not bring witnesses to put on testimony about the…
Tennessee Court Rules in Favor of Episcopal Diocese in Property Dispute
On April 25, 2012 the Court of Appeals of Tennessee in Nashville issued an opinion in favor of The Episcopal Church’s Diocese of Tennessee in a property dispute with a breakaway group from St. Andrew’s Parish, Nashville. A copy of the opinion is HERE. St. Andrew’s Parish, Nashville asserted its intention to leave The Diocese of Tennessee. The Diocese filed a declaratory judgment action to determine whether it or the local congregation owned and controlled the real and personal property where…
Two diocesan officials issue statements concerning recent amicus brief filed in support of former diocesan bishop
Two separate statements have been issued concerning an amicus brief filed on April 23 by ten Episcopal clergy that support Bishop Iker’s action currently before the Texas Supreme Court: one from the president of the Standing Committee and one from the chancellor.
Statement from the Chancellor regarding amicus brief
Seven Episcopal Bishops File Amicus Brief Against Diocese, Claim “Hierarchy Stops With Me” On April 23, 2012, ten Episcopal clergy filed an amicus (“friend of the court”) brief with the Texas Supreme Court. The filing amici are Bishops Maurice M. Benitez (retired, Diocese of Texas); John W. Howe (retired, Diocese of Central Florida); Paul E. Lambert (suffragan, Diocese of Dallas); William H. Love (diocesan, Diocese of Albany); D. Bruce MacPherson (diocesan, Diocese of W. Louisiana and formerly suffragan, Diocese of Dallas); Daniel H. Martins…
Statement from the President of the Standing Committee regarding amicus brief
Seven Episcopal Bishops File Amicus Brief Against Diocese, Claim “Hierarchy Stops With Me” Dear Friends in Christ, Many of you have heard that seven bishops (two retired and five active) have filed an amicus brief in support of Bishop Iker’s action currently before the Texas Supreme Court. This saddens us all for multiple reasons. Please know that the leadership in the Diocese is exploring an appropriate response to such a shameful action by these members of the House of Bishops. Also, please…
National Churches Support Texas Episcopalians in Amicus Briefs Filed with Texas Supreme Court
Several national churches have joined The Episcopal Church and Texas dioceses in filing amicus curiae (“friend of the court”) briefs with the Texas Supreme Court, in support of the Episcopal Diocese of Northwest Texas and the loyal Episcopalians at Good Shepherd Episcopal Church in San Angelo. That case,Masterson v. Diocese of Northwest Texas (“Masterson”), is set for oral argument before the Court on February 29, 2012 in Laredo. On February 16, The Episcopal Church filed a separate brief in support…
US Supreme Court issues decision in Lutheran case
On January 11, 2012 the U.S. Supreme Court decided HOSANNA–TABOR EVANGELICAL LUTHERAN CHURCH AND SCHOOL v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, et al. A copy of the Court’s opinion is here. The Court declared that the ministerial exception bars an employment discrimination suit brought by a minister who challenged her church’s decision to fire her. The Court’s unanimous opinion also reaffirmed the long-standing constitutional principles, cited by the Episcopal Parties, that a hierarchical church’s rights to choose its local clergy and to…
Legal news from Diocese of Virginia
The trial court in Virginia ruled in favor of the Church and the Diocese regarding nine breakaway congregations, including the Falls Church and Truro churches. Read the full story, and read a copy of the opinion.
Texas Supreme Court Notes Probable Jurisdiction of Fort Worth Case
On January 6, 2012, the Texas Supreme Court noted probable jurisdiction of the breakaway defendants’ appeal from Judge John P. Chupp’s February 8, 2011 partial summary judgment in favor of The Episcopal Church and the local officials and congregations of the Episcopal Diocese of Fort Worth. The Texas Supreme Court will set a briefing schedule and date for oral argument. While the Local Episcopal Parties believe that this case does not fit within the “very limited,” “strictly construed” requirements for…
Statement on October 20, 2011 Order on Supersedeas and Injunctions
Court Protects All Episcopal Property and Accounts During Appeal: Signs Episcopal Parties’ Requested Order, Sets Six-Figure Bond, and Orders Monthly Financial Reporting from All Southern Cone Defendants On October 20, 2011, the Hon. Judge John P. Chupp signed an order setting the terms of a $100,000.00 supersedeas bond and imposing injunctions designed to protect all of the historic Church property during the breakaway faction’s appeal. Order on Defendants’ Motion to Set Supersedeas Bond and the Local Episcopal Parties’ Motion for…
New filings for hearing on October 20
In preparation for the hearing scheduled for October 20, the Episcopal Plaintiffs and the breakaway Defendants filed additional materials for the court’s consideration, including proposed orders: Plaintiffs’ Amended Motion to Tender Order, with proposed order (filed 10/13/11); Defendants’ Motion to Sign Supersedeas Order and for Temporary Injunction Relief, with proposed order (filed 10/13/11); (Please note that some of the pages are upside down, which is how the file itself was transmitted. We advise you to print the file and make…