The Episcopal Diocese of Fort Worth
Brief asks Court to establish Neutral Principles in Texas	Feb. 6, 2012
	In a 49-page brief filed today with the Texas State Supreme Court, attorneys for the Diocese, Corporation, and congregations asked the Court to uphold several previous Appellate Court decisions and establish Neutral Principles as the method for resolving church property disputes in the state. Members of the Texas State Supreme Court Neutral Principles, accepted in 36 states and approved by the U.S. Supreme Court since 1979, is a method of settling questions of church property ownership using the same rules that govern ownership of other types of private property, and it removes courts from wading into doctrinal disputes. The brief also asked the Court to reverse the Fort Worth trial court's February 2011 decision in favor of the Episcopal parties' claims to diocesan property, and instead to uphold well-established state codes on trust instruments and non-profit corporations. The brief asks the Court to grant the Diocese's summary judgment claims and prevent a hostile takeover of diocesan property by outside parties. The brief concludes: If given a chance, this case might have been settled amicably with five or six churches leaving the Diocese with their church buildings intact and the vast majority continuing in it. But that opportunity was lost when TEC demanded everything held by anybody, even if that included local churches where TEC had not a single adherent. Based on the deeds, the church constitutions and canons, and Neutral Principles of Texas law, the Plaintiffs are not entitled to any of this. This case is not a contest about which bishop or group TEC can claim as its own; it is about what property TEC can claim as its own. The only way it can take property it has never owned or paid for is if Texas courts defer to whatever TEC says — even if that is contrary to its own church rules. Under Neutral Principles of Texas law, the Defendants are entitled to summary judgment against the Plaintiffs’ claims. Following today's filing, the TEC parties have until Feb. 27 to submit a reply; a response from the Diocese is due by March 13. Oral argument has been requested; a date has not yet been set by the Court.
	Read the Brief: Appellants’ Brief Supporting Documents (Tabs)