Via VirtueOnline:
http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=0&doc_id=1942086
June 9, 2010
In a unanimous decision, the California Supreme Court agreed today to hear St. James Anglican Church's appeal that it has a constitutional right to continue its property rights battle against The Episcopal Church. By granting the St. James petition, the Court has acknowledged that this property rights dispute is far from over as the Episcopal Church has claimed, and that the Court must decide whether a defendant can be deprived of its property before it has had the opportunity to defend itself with evidence in a court of law.
St. James petitioned the California Supreme Court following a March opinion by two justices of the California Court of Appeal, Fourth Appellate District, Third Division, in which two of three justices interpreted a prior California Supreme Court decision called Episcopal Church Cases as having finally resolved the property dispute between the Episcopal Church and St. James in favor of the Episcopal Church, thus depriving St. James of any opportunity to defend its property with evidence in the Orange County Superior Court.
But a stinging dissent by the Appellate Court's third justice called the majority's opinion "revolutionary," "unprecedented" and "without any basis in law." Dissenting Justice Fybel said that this was "the only case in the history of California where entry of judgment has been ordered upon overruling a demurrer and denial of an anti-SLAPP motion." In the opinion, both the Court of Appeal majority and Justice Fybel urged the California Supreme Court to step in and clarify what it meant in its 2009 decision entitled, Episcopal Church Cases.
Before St. James had the opportunity to present its evidence, the Orange County Superior Court ruled in 2005 (see case summary, below) that the Episcopal Church's allegations were legally defective. After the trial court dismissed the Episcopal complaints, the appellate courts took years to decide what law should apply to the dispute, eventually ruling that the Episcopal complaints could go forward.
In early 2009, the California Supreme Court sent the case back to the Orange County Superior Court, where St. James for the first time answered the Episcopal complaints, raised affirmative defenses, began discovery, and looked forward to defending the property that its members bought, paid for and maintained since its founding six decades ago. The Court of Appeal majority essentially ruled that St. James may not defend itself, and that the Episcopal Church is entitled to judgment in their favor based on their allegations alone.
St. James's lead attorney, Eric Sohlgren, said, "St. James is extremely pleased that the California Supreme Court has heard our plea to restore justice and fairness to this case. St. James will now have an opportunity to argue on behalf of all Californians that people should not be deprived of their property without getting the opportunity to defend their case in a court of law. These principles go to the very heart of what Americans hold dear under our Constitution," Sohlgren said.
The Episcopal lawsuits against St. James stemmed from a decision by the members of St. James Church in August 2004 to align themselves with another branch of the worldwide Anglican Communion, and end the church's affiliation with the Episcopal Church over core theological differences involving the authority of Holy Scripture and the Lordship of Jesus Christ. The Episcopal Diocese of Los Angeles sued St. James Church, All Saints Church, Long Beach, CA, and St. David's Church, No. Hollywood, CA, and over two dozen volunteer board members in September 2004, including for monetary damages. Subsequently, the national Episcopal Church intervened into the lawsuits.
Since that time, the case has progressed from the Orange County Superior Court to the California Supreme Court, which decided how such church property disputes would be resolved in California. After a lengthy appeal from an early victory attacking the Episcopal complaints, the case was recently returned to the Orange County Superior Court for discovery and trial, but before that could happen the Episcopal Church filed a writ petition with the Court of Appeal whose majority granted the petition. St. James petitioned the California Supreme Court to hear its appeal from the Court of Appeal decision, which the Supreme Court unanimously granted.
The California Supreme Court order granting review can be found here: http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=0&doc_id=1942086
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