A JUDGE ruled last week that the Episcopal diocese of Los
Angeles was entitled to eject a realigned congregation from its
building.
St James's, Newport Beach, disaffiliated from the Episcopal
Church in the US in 2004, and affiliated with the Church of the
Province of Uganda. The California Supreme Court ruled in 2009 that
the church's buildings and property belonged to the Episcopal
Church (News, 9
January 2009).
St James's argued, however, that a letter it had received in
1991, on behalf of the then Bishop of Los Angeles, the Rt Revd
Frederick Borsch, exempted it from the ruling. The letter stated
that "the position of Bishop Borsch and the diocese" was that the
property of St James's was "not held in trust for the diocese of
Los Angeles".
The Orange County Superior Court Judge, Kim G. Dunning, ruled
last week that the letter did not amend Canon 1.7.4 of the
Episcopal Church. She concluded: "As a matter of law, all the
church property acquired by and held in the name of St James Parish
is held in trust for the Episcopal Church and the diocese, which
have the exclusive right to possession and dominion and control. .
. As a mat-ter of law, the diocese is entitled to . . . eject the
current occupants."
The Bishop of Los Angeles, the Rt Revd J. Jon Bruno, told the
Episcopal News Service after the ruling: "I pray this action will
settle the fact that people can disagree, but cannot take property
that has been entrusted to the Episcopal Church for ministry."
On Sunday, the Rector of St James's, the Revd Richard Crocker,
read out to his congregation a letter of support, which was signed
by four British churchmen: the chairman of House of Laity of the
General Synod, Dr Philip Giddings; the chairman of the Anglican
Mission in England, the Rt Revd John Ellison; the chairman of the
Fellowship of Confessing Anglicans for UK and Ireland, the Revd
Paul Perkin; and the executive secretary of Anglican Mainstream,
Canon Chris Sugden.
The letter said: "We wish first to assure you of our fellowship
with you as you continue to take your stand on biblical and
orthodox Anglican teaching. . . You are not alone; anyone who
touches you touches us."