This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Real Property
Declaratory Relief
Church Property Dispute

St. James Anglican Church v. Episcopal Church Diocese of Los Angeles

Published: Jul. 20, 2013 | Result Date: May 6, 2013 | Filing Date: Jan. 1, 1900 |

Bench Decision –  Defense

Court

Orange Superior


Attorneys

Plaintiff

Daniel F. Lula


Defendant

John R. Shiner


Facts

In 2004, after the St. James Congregation voted to disaffiliate from the Episcopal Church and instead align with the Anglican Church, a dispute began over ownership of three properties on 32nd street, including St. James' campus. Episcopal filed suit against St. James.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged the congregation gave up the property when it disaffiliated, as the property was held in trust for the larger church. Plaintiff alleged that the disagreements between the churches were various and had been ongoing for several years. The most notable disagreement was the ordination of a gay bishop by the Episcopal Church.

DEFENDANT'S CONTENTIONS:
St. James contended that the property was owned by the congregation, due to a previous letter whereby the diocese agreed to waive ownership of the property. Defendants claimed that the plaintiffs relinquished their rights to the property when they aligned with the Anglican Church, as the property was gained while under the Episcopal banner.

Result

The court found that the property belonged to Episcopal.


#88017

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390