Judge postpones case to await Supreme Court ruling on similar suit
By PAUL PAYNE
THE PRESS DEMOCRAT
July 29, 2008
A lawsuit over ownership of a Petaluma church was postponed Monday to await the outcome of a similar case before the California Supreme Court.
Sonoma County Superior Court Judge Lloyd von der Mehden said in a tentative ruling that motions in the case brought by the Episcopal Diocese of Northern California against the breakaway St. John's Anglican Church would be continued to Dec. 2.
The diocese sued the congregation in February after it split from the church in objection to gay ordinations, but retained the 117-year-old church building on 5th and C streets.
Settlement offers were made to get the church building back, but the upstart church refused.
With the judge's ruling, the case likely will be decided by the outcome of similar church property disputes before the high court in Orange County.
"It's ridiculous to waste money to litigate when ultimately it's not going to decide anything," said Lu Nguyen, general counsel for St. John's Anglican. "This ruling shows pretty good judicial thinking."
Lisa Halko, a lawyer for the Sacramento-based diocese, said the California corporations code enforces the church's right to the property.
"We are confident the Supreme Court will recognize that," Halko said.
Meanwhile, members of the congregation that remained with the national church continue to hold services in borrowed space at Petaluma's Elim Lutheran Church, as it has done since April 2007.
The Rev. Norman Cram said he has about 65 members, including about a third from the old church. He said services would soon be moved from Saturday to Sunday night.
"We're in it for the long run," Cram said. "I don't expect it to be resolved any time soon."
The Rev. David Miller of St. John's Anglican did not return a call Monday seeking comment.
His congregation was born out of a national schism in the Episcopal church over the ordination of a gay bishop in New Hampshire in 2003 and church support for same-sex unions.
The 240 members voted in 2006 to cut ties with the national organization, joining other conservative congregations around the country.
Nguyen said the diocese acted hastily in suing the congregation considering the Southern California cases had been pending before the high court for six months.
He said the legal proceeding has cost the church "a huge amount of money to defend itself."
"It's just a waste of money for both sides," he said. "It was not caused by our side. It was caused by the diocese not willing to wait."
END
3 comments:
St. John's Anglican ripped off the building from the Diocese of Northern California and the members of the parish who wanted to remain Episcopalians!
Anonymous, I removed your expletive and reposted your comment. 2 items:
1. We don't do profanity here. You can post anything you want here provided it is in good taste.
2. You certainly have a strong viewpoint, but why be anonymous? How much should anyone value your thoughts if you're not willing to put your name on what you say.
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