pecusa dollars at work: more litigation

BAKERSFIELD: Episcopal diocese sues another Anglican church

http://www.centralvalleybusinesstimes.com/stories/001/?ID=16101
August 24, 2010

* Seeks return of property by Bakersfield church
* Eighth lawsuit of its kind in Central Valley

The Episcopal Diocese of San Joaquin is suing the members of St. Paul's, Bakersfield. The lawsuit is the latest in a series of suits stemming from the original diocese splitting from the national Episcopal Church and aligning itself with a more conservative Anglican order.

The congregations being sued occupy what the Episcopal Diocese contends is church property that it owns. The Anglicans dispute that argument. There was no immediate comment from the Bakersfield church about the lawsuit.

Similar cases are pending against the former members of St. Francis, Turlock; St. Michael's, Ridgecrest; St. John's, Porterville; St. James, Sonora; Redeemer & Hope, Delano; St. Columba, Fresno and St. Paul's, Visalia.

"It is particularly disappointing given the recent and unequivocal decisions of the California Supreme Court and Court of Appeals' rulings that the properties and assets are held for the Episcopal Church and its dioceses," says Diocesan Chancellor Michael Glass.

Mr. Glass says that the litigation will not be initially seeking monetary judgments against individual defendants "unless it becomes evident that such defendants have diverted parish assets to other purposes or parties."

The parish litigation is in addition to the diocese's pending litigation against former Bishop John-David Schofield, which is now before the Fifth District Court of Appeal for review of the trial court's ruling that Bishop Jerry Lamb is the bishop of the diocese and incumbent of the "corporation sole," the church term for legal entity, and other diocesan entities.

The Court of Appeal also must decide about what the Episcopal Diocese says were attempts to modify the diocesan constitution and the articles of incorporation of the corporation sole to disaffiliate the Episcopal Diocese from the Episcopal Church.

The Court of Appeal has scheduled oral arguments for Sept. 8.

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