Facts

Save St. James the Great filed an action against The Bishop of the Protestant Episcopal Church in The Diocese of Los Angeles and Legacy Partners Residential Inc., in connection with the pending demolition of a church located in Newport Beach.

PLAINTIFF'S CONTENTIONS:
Plaintiff was a nonprofit public benefit corporation that represented congregants of the St. James the Great Episcopal Church that had been locked out of their church, residents of Lido Isle and surrounding areas, and others. Defendant Bishop allegedly held title to the subject property while defendant Legacy was a developer currently in escrow to purchase the property. Defendant Legacy allegedly wanted to demolish the church to make room for townhouses. Plaintiff contended that the subject property's deed contained a restriction, restricting use of the property for church purposes only. As such, plaintiff filed this action for declaratory relief, specific enforcement of deed restriction, and injunctive relief.

DEFENDANTS' CONTENTIONS:
Defendant Bishop demurred arguing plaintiff lacked standing to pursue the action. Defendant Legacy also demurred for failure to allege facts sufficient to support a cause of action.

Result

The trial court sustained the demurrers without leave for lack of standing.

Other Information

Plaintiff intends to appeal the decision to the California 4th District Court of Appeal. FILING DATE: June 22, 2015.