March 12, 2010

The Episcopal Diocese of San Joaquin on March 11 continued to seek return of church property held by former congregations.

The diocese filed a complaint in Fresno County Superior Court March 11 seeking return of St. Columba's Church in Fresno, held by a breakaway group.

St. Columba's was among 40 congregations whose members disaffiliated from the Episcopal Church in 2007, first realigning with the Anglican Province of the Southern Cone and later with the Anglican Church in North America. They refused to relinquish church property.

Seven congregations and remnants of other congregations reorganized the continuing Episcopal diocese in California's Central Valley. It has since grown to 21 new or continuing congregations.

The Modesto-based diocese last month also filed complaints against two other congregations – St. Francis Anglican Church in Turlock (Feb. 8) and St. Michael's Anglican Church in Ridgecrest (Feb. 26) – whose members had disaffiliated from the Episcopal Church.

Such litigation became necessary after invitations from Bishop Diocesan Jerry Lamb to discuss the orderly return of the churches were largely ignored, according to a diocesan statement released March 11.

"It is particularly disappointing, given the recent and unequivocal decisions of the California Supreme Court and Court of Appeal rulings, that the properties and assets are held for the Episcopal Church and its dioceses," said San Joaquin chancellor Michael Glass.

He said the litigation is focused primarily on returning the properties and assets to the mission and ministry of the Episcopal Church and the Episcopal Diocese of San Joaquin. He said the lawsuits are not initially seeking monetary judgments against individual defendants "unless it becomes evident that such defendants have diverted parish assets to other purposes or parties."

The parish litigation is in addition to pending litigation brought by the diocese and by the Episcopal Church against the former bishop, John-David Schofield, which is now before the Fifth District Court of Appeal for review of the trial court's determination that: (a) Bishop Lamb is the Bishop of the Diocese and incumbent of the Corporation Sole and other Diocesan entities; and (b) the attempts to modify the diocesan constitution and canons and articles of incorporation of the Corporation Sole to disaffiliate the Episcopal Diocese from the Episcopal Church were null and void. The Court of Appeal has not issued a decision.

On July 23, 2009 a Fresno Superior Court judge determined that Lamb is the bishop of the diocese and the officeholder of the diocesan corporations, and that earlier attempts to amend the diocesan constitution, canons and corporate documents to remove the diocese form the Episcopal Church were void.

Lamb said that regardless of whether or not litigation is pending, "the Diocese remains committed to working with any parties to facilitate the return of the properties so that we can all be about the work that Christ has called us to undertake in his name."

The Rev. Bill Gandenberger, a spokesperson for Schofield, told the Modesto Bee that the diocese will coordinate efforts on the lawsuit with St. Columba. "We're moving on," he said, "and we're not going to allow legal disputes to impede our progress."

Episcopal News Service