VirtueOnline reports:
The DIOCESE OF OHIO sent out word that it has filed a declaratory judgment with the Cuyahoga County Court of Common Pleas in Cleveland, asking that it, the diocesan trustees, and a minority of members at five dissident congregations be declared the rightful owners of church properties where the congregations voted overwhelmingly to leave in 2005. Now this story is interesting from a perspective no one has picked up on. Originally, when these five parishes wanted to leave the diocese, Bishop Mark Hollingsworth, Jr., was prepared to cut a deal without litigation to let them go and keep their properties. He also did not depose the clergy when they requested transfer of their canonical licenses to the Anglican Church of Nigeria. Suddenly, everything changed. Why? This week a source told VOL that David Booth Beers, Mrs. Schori's attorney, got in on the act and allegedly told Hollingsworth he had to go after them or he would go after Hollingsworth. Naturally, the parishes that joined CANA are upset by this. Martha Wright, communications officer for the Diocese of Ohio, said the diocese was looking for a faithful resolution to the property issue. She said she was not aware in February of any plans to file legal papers back in 2005. All that has now changed. Hollingsworth has declined to elaborate on the statement provided by Ms. Wright.
Bishop Roger Ames, a missionary bishop with CANA, said it was the impression of their legal team and the rectors that a peaceful way to coexist locally had been worked out. Not anymore.
CANA leader, Bishop David Bena, wrote VOL to say the bishop (Hollingsworth) had been trying to work out a dignified negotiation with the parishes that voted to leave, but then the Presiding Bishop told him he could not negotiate with the parishes, and that litigation was the only option. Thereafter, he pursued litigation with them. "I think that is the strategy all over The Episcopal Church - 815 tells bishops not to negotiate with parishes that wish to leave, and if they leave, they are sued for the property. I have heard that the overall strategy is for 815 to push the diocese into suing the parishes, hoping to either win early or to run the parish out of money for legal fees."
Bena continued, "One problem I have with this strategy is that I know that the Presiding Bishop has no canonical authority to tell a diocesan bishop that he cannot negotiate. This is proving a terrible thing for the Diocese of Virginia. 815 may be pumping some money into the operation, but the Diocese of Virginia has had to borrow several million dollars to press their lawsuit, plus sell off properties. A lot of wonderful things could have been done with the money that is going to lawyers. I wonder if the Bishop of Virginia wishes he had stayed with dignified negotiation. This new litigation in Ohio, combined with 815 sponsored litigation all over the country is what the Primates asked 815 NOT to do. It's a bad strategy which is weakening the whole Anglican Communion. I think that the Anglican Communion would be much better served if diocesan bishops chose to negotiate in good faith with parishes that are leaving." *****
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