A Reversal from the California Court of Appeals in the LA Church Fracas

http://www.kendallharmon.net/t19/index.php/t19/article/3979/

[TitusOneNine] 27 June 2007--A three-judge panel of the California Court of Appeal, Fourth Appellate District, Division Three, today reversed the Orange County Superior Court’s prior ruling that three former Episcopal churches which disaffiliated from the national denomination in 2004 did not forfeit their property. This division of the appellate court broke with nearly thirty years of California church property law, and instead ruled that hierarchical church denominations can take over local church property by simply passing an internal rule – even if the local church is separately incorporated, bought and maintained the property.

Legal spokesperson, Eric C. Sohlgren, said, “This decision puts one division of the appellate court in direct conflict with other California court of appeal decisions that for almost thirty years have rejected the idea that a court must automatically defer to a church denomination in church property disputes. Under this ruling, any big church which calls itself hierarchical could try to confiscate the property of a local congregation simply by passing an internal rule. That idea offends basic principles of fairness and property ownership. St. James, All Saints’ and St. David’s are seriously evaluating an appeal to the California Supreme Court.”

Related articles:
http://www.kendallharmon.net/t19/index.php/t19/article/3990/
The Full Text of the Court Ruling in the Diocese of Los Angeles Property Lawsuit - TitusOneNine
http://www.episcopalnews.com/index.php
Landmark court decision upholds diocese's claim to parish property - The Episcopal News
http://www.latimes.com/news/printedition/california/la-me-episcopal27jun27,1,3561183.story?coll=la-headlines-pe-california&ctrack=1&cset=true
Diocese wins rights to buildings - Los Angelos Times
http://www.presstelegram.com/news/ci_6237768
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