AP: Episcopal diocese sues Syracuse parish in property dispute

7/20/2006, 11:45 p.m. ET
The Associated Press

SYRACUSE, N.Y. (AP) — The Episcopal Diocese of Central New York sued one of its parishes Wednesday to stop any transfer of church property in a dispute over homosexuality in the church.

The court action stemmed from a rift in the diocese after Bishop Gladstone Adams voted in favor of the 2004 consecration of New Hampshire Bishop V. Gene Robinson, said a parishioner involved in the case. Robinson's appointment created a schism in the Episcopal Church because he is gay.

Raymond Dague, a parishioner and lawyer representing St. Andrew's Church, said his parish is more traditional than the diocese and the issue of homosexuality in the church has been a "lightning rod" for the division.

He said the parish and its 175 members moved in February to amend its certificate of incorporation and seek a shift in its "ecclesiastic oversight" from Adams to Archbishop Emmanuel Kolini, head of the Anglican Church in Rwanda and the Anglican Mission in America.

The diocese responded by asking for a restraining order to prevent transfers of what it views as diocesan property, including the church on South Salina Street, according to court documents. The diocese also wanted a full financial accounting from St. Andrew's and a ruling that the law grants the diocese title to all church property.

State Supreme Court Justice Edward Carni rejected the request for a restraining order on Thursday, and said the disagreement comes down to ownership issues.

St. Andrew's is not planning to sell its church, but wants to ensure it has access to funds for operating expenses, Dague said.

The legal arguments on the lawsuit will go before state Supreme Court Justice James Murphy Sept. 1.