Wednesday, October 20, 2010

Battle over diocese goes on Episcopalians face off against Anglicans in appellate court today

Who is the legitimate bishop in the San Joaquin Diocese, and who owns the diocese's property, including its headquarters in Fresno and parishes from Stockton to Bakersfield?
Those questions are at the heart of the next round in the legal battle between local Episcopalians and Anglicans. The two groups face off today in the 5th District Court of Appeal in Fresno.
The justices will hear oral arguments in the lawsuit, filed by Bishop Jerry Lamb against Bishop John-David Schofield. ..

Case history Here is a summary of the history of the case and the arguments before the court:

• In December 2007, 90 per- cent of the lay and clergy representatives to the diocese's annual convention voted to leave the Episcopal Church and amend its constitution. Schofield became a bishop under the temporary oversight of a South American archbishop in the Anglican Communion, and the 40 parishes supporting him became known as the Anglican San Joa- quin Diocese.

• In 2008, representatives from the remaining seven parishes, including Christ the King in Riverbank, and other individuals who wished to remain with the Episcopal Church voted to install Jerry Lamb as their bishop. Lamb later sued Schofield, demanding the return of all diocesan properties, including its headquarters in Fresno and other assets, such as the diocese's investment funds.

• That lawsuit in a Fresno Superior Court received an initial ruling by the judge in July 2009 against Schofield, declaring Lamb to be the Episcopal bishop and rightful owner of the diocesan properties. No matter which way the appellate court rules, the case will return to the lower court, as the case has not yet been decided by a jury. • According to written arguments filed by attorneys for Lamb, the Episcopal Church's stance is that it is hierarchical, with three levels — the parishes and missions, the dioceses, and the national church — and thus, the diocese's 2007 vote to leave the national church was not valid. Further, the documents state, "The diocesan conventions adopt constitutions and canons that supplement, but may not conflict with, the (Episcopal) church's constitution and canons (which are) binding on all Episcopal dioceses and parishes." Read more: http://www.modbee.com/2010/10/19/1390956/battle-over-diocese-goes-on.html#ixzz12vH6qdEk Read more: http://www.modbee.com/2010/10/19/1390956/battle-over-diocese-goes-on.html#ixzz12vGZqo5t

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