Wednesday, October 22, 2008

California Court Rules Against Departing Church

http://accurmudgeon.blogspot.com/2008/10/california-court-rules-against.html

[Anglican Curmudgeon] 22 Oct 2008--The Fourth District Court of Appeal in California has today filed a decision in the case of New v. Kroeger, No. D051120 (Oct. 21, 2008---the link will be good only for a few months, and then the case will have to be found on the regular reported cases site). The Court reversed a judgment by the trial court in San Diego County, and held that the changes to the bylaws and articles of the Parish of St. John's in Fallbrook, which its vestry made last summer in order to disaffiliate from The Episcopal Church and the Diocese of San Diego, were unauthorized and ultra vires, given that the Canons of the Diocese incorporated themselves (as well as TEC's own Constitution and Canons) into the Parish's bylaws, and given that the Parish's articles provided that it would continue "perpetually" as a unit of The Episcopal Church.

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