Saturday, May 17, 2014

Calif. court’s preliminary decision: return 27 properties to Episcopalians
Former diocesan headquarters, campgrounds and investment trust included

By Pat McCaughan
Episcopal News Service
May 16, 2014

In a preliminary decision, a California court has ordered the return of 27 properties held by a breakaway group to the Episcopal Diocese of San Joaquin and has said that dioceses cannot opt to leave the Episcopal Church.

St. James Cathedral, the former diocesan offices, the Episcopal Camp and Conference Center near Yosemite National Park, the diocesan investment trust and 25 other church properties, valued at about $50 million, are included in the May 5 decision.

In the 41-page opinion in a case brought by the Episcopal Church and its Diocese of San Joaquin, Fresno County Superior Court Judge Donald S. Black also said that “because a diocese is a geographical construct of the Church, it makes no sense that a diocese can ‘leave’ the Church; it does not exist apart from the Church.”

While individuals may exercise their right of freedom of religion to leave and form a new church in another religious denomination, “they cannot tell the Church that it no longer has a diocese in a particular geographical area such as San Joaquin,” Black concluded.

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