BREAKING NEWS ---
THE EPISCOPAL CHURCH MOVES IN COURT TO REGAIN PROPERTIES
News has just arrived that the Episcopal Church and the Episcopal Church in South Carolina filed new papers today in the United States District Court, in Charleston. The major point in the papers apparently is that the Church is seeking to add the 28 parishes to the federal case, vonRosenberg v. Lawrence. These are the parishes that the SC supreme court recognized as under the trust control of TEC and TECSC.
I will return momentarily with more information and analysis.
First comments:
I am in possession of two of today's court papers from the Episcopal Church side, an amended Complaint, and a memorandum in support.
As I read these on my first scan, it appears that TEC/TECSC are seeking to add the Corporation of the Trustees and the 28 parishes in question to the lawsuit (the 28 parishes the state supreme court recognized as under TEC/TECSC trust control). The Corporation of the Trustees is one of two corporations of the pre-schism diocese registered under state law (1-the Diocese and 2-the Trustees). The Trustees (Board of Trustees) are responsible for the properties and assets of the diocese.
The Church charges: "the Trustee Corporation and the 28 Trustee Parishes have committed serious breaches of trust they owe to The Episcopal Church and the Associated Diocese [TECSC] and have demonstrated their unfitness, unwillingness, and persistent failure to administer the trusts effectively."
Therefore, TEC/TECSC asked the court to enforce their rights over the Corporation of the Trustees and the 28 parishes: "Order the Trustee Corporation to remove from their board any persons who cannot demonstrate to this Court's satisfaction that they are capable of and willing to carry out their fiduciary obligations to the Associated Diocese, and replace them..." This would return the Board of Trustees to the Episcopal Church side.
Also, "Order the 28 Trustee Parishes to remove from their vestries any persons who cannot demonstrate to this Court's satisfaction that they are capable of and willing to carry out their fiduciary obligations to The Episcopal Church and the Associated Diocese, and replace them..." This would return the 28 parishes to the Episcopal Church diocesan control.
In other words, TEC/TECSC asked the federal court to enforce the Church's control over the diocesan properties and the 28 parishes. With this, the Church diocese would regain physical possession of the various properties.
Another bit of information in the papers reveals that the mediation has apparently completely broken down. The federal judge, Richard Gergel, lifted the stay in the federal case on Feb. 14. On Feb. 20, Bishop Lawrence asked the federal court to dismiss the Lanham Act claims against him. The Church lawyers are promising a reply. We are now awaiting the reply and the judge's response to Lawrence's motion to dismiss.
What these two papers boil down to, as I read them, is that the Episcopal Church diocese is asking the federal court to recognize its control of the diocesan properties and the 28 parishes as the way for the Church diocese to resume physical possession of the properties.
First comments:
I am in possession of two of today's court papers from the Episcopal Church side, an amended Complaint, and a memorandum in support.
As I read these on my first scan, it appears that TEC/TECSC are seeking to add the Corporation of the Trustees and the 28 parishes in question to the lawsuit (the 28 parishes the state supreme court recognized as under TEC/TECSC trust control). The Corporation of the Trustees is one of two corporations of the pre-schism diocese registered under state law (1-the Diocese and 2-the Trustees). The Trustees (Board of Trustees) are responsible for the properties and assets of the diocese.
The Church charges: "the Trustee Corporation and the 28 Trustee Parishes have committed serious breaches of trust they owe to The Episcopal Church and the Associated Diocese [TECSC] and have demonstrated their unfitness, unwillingness, and persistent failure to administer the trusts effectively."
Therefore, TEC/TECSC asked the court to enforce their rights over the Corporation of the Trustees and the 28 parishes: "Order the Trustee Corporation to remove from their board any persons who cannot demonstrate to this Court's satisfaction that they are capable of and willing to carry out their fiduciary obligations to the Associated Diocese, and replace them..." This would return the Board of Trustees to the Episcopal Church side.
Also, "Order the 28 Trustee Parishes to remove from their vestries any persons who cannot demonstrate to this Court's satisfaction that they are capable of and willing to carry out their fiduciary obligations to The Episcopal Church and the Associated Diocese, and replace them..." This would return the 28 parishes to the Episcopal Church diocesan control.
In other words, TEC/TECSC asked the federal court to enforce the Church's control over the diocesan properties and the 28 parishes. With this, the Church diocese would regain physical possession of the various properties.
Another bit of information in the papers reveals that the mediation has apparently completely broken down. The federal judge, Richard Gergel, lifted the stay in the federal case on Feb. 14. On Feb. 20, Bishop Lawrence asked the federal court to dismiss the Lanham Act claims against him. The Church lawyers are promising a reply. We are now awaiting the reply and the judge's response to Lawrence's motion to dismiss.
What these two papers boil down to, as I read them, is that the Episcopal Church diocese is asking the federal court to recognize its control of the diocesan properties and the 28 parishes as the way for the Church diocese to resume physical possession of the properties.
