
LOS ANGELES: Bishop, chancellor comment on court decision upholding diocese's claim to parish property
Presiding Justice David G. Sills, writing for the Court, concluded "the right of the general church in this case to enforce a trust on the local parish property is clear."
The Diocese of Los Angeles encompasses the Counties of Los Angeles, San Bernardino, Ventura, Santa Barbara, Orange, and a portion of Riverside County, under the ecclesiastical authority of its bishop diocesan, the Rt. Rev. J. Jon Bruno.
Three years ago, three parishes of the diocese -- St. James' in Newport Beach, St. David's in North Hollywood, and All Saints' in Long Beach -- severed their relationship with the Episcopal Church and Diocese and placed themselves under the jurisdiction of a conservative Anglican bishop in Uganda. Each parish claimed it was entitled to take parish property away from the Episcopal Church and diocese.
The diocese, citing church canons which place all parish property in trust for the Episcopal Church and diocese, asserted it was entitled to retain the property. Litigation followed.
The court's June 26 ruling confirms Bruno's conviction that parish property cannot be taken away from the larger church by departing members.
"This has been a long ordeal for the diocese and its faithful members, but we now have clear judicial recognition that parish property is dedicated forever for the mission and ministry of the Episcopal Church," Bruno said. "While individuals are always free to leave the Episcopal Church and worship however they please, they do not have the right to take parish property with them. We welcome with open arms all persons who desire to be part of the Episcopal ministry, including those persons who chose to leave the Church in 2004."
John R. Shiner, chancellor for the diocese and its attorney in the litigation, called the ruling a "decisive decision" for the Episcopal Church. Shiner, a partner of Holme Roberts & Owen, LLP, noted, "Yesterday's decision contains the most thorough analysis yet of church property law in California, and should dispel any notion that local congregations of a hierarchical church may leave the larger church and take property with them."
A story from Episcopal Life Online on the court decision is available here.



