March 30, 2010
By Mary Frances Schjonberg

The California Court of Appeal has told a lower trial court to enter an order enforcing the interests of the Episcopal Church and the Diocese of Los Angeles in the real property and other assets claimed by St. James Anglican Church, a breakaway congregation in Newport Beach.

The March 26 opinion from the Fourth Appellate District follows on from the California Supreme Court's 2009 decision affirming that parish property is held in trust for the Diocese of Los Angeles and the Episcopal Church. Following the state supreme court's decision, the diocese and the Episcopal Church asked for the enforcement order from the Superior Court of Orange County.

The 2-1 opinion, authored by Presiding Justice David Sills, is posted at http://www.courtinfo.ca.gov/opinions/nonpub/G042454.PDF. The ruling is not final for 30 days and requires action by the Orange County court. In the meantime, the congregation could seek discretionary review by the state Supreme Court.

The case arose after a majority of the members of St. James' Episcopal Church voted in 2004 to disaffiliate with the Episcopal Church. They told Los Angeles Bishop J. Jon Bruno that they intended to affiliate with the Diocese of Luweero in the Anglican Church of the Province of Uganda. At the time, St. James' reportedly had 1,218 "communicants in good standing."

Bruno said March 29 in a diocesan news story that he was "overjoyed" by the court's ruling. "It is now time for us to move on with a sense of understanding of what it is to be called by God," Bruno said.

"We will do the best that we can to use the assets restored to us to proclaim the Gospel of Christ. The future is bright. We are looking toward the positive nature of ministry that the Diocese of Los Angeles has always looked toward, and we will not dwell in the past," the bishop said. "We'll extend loving arms of reconciliation to all those who choose to return home to the Episcopal Diocese of Los Angeles."

John R. Shiner, lead counsel for the diocese, was also quoted in the story as saying: "We are delighted the Court of Appeal followed the clear directive of the California Supreme Court, thus bringing the property ownership issue to closure."

Episcopal News Service
The Rev. Mary Frances Schjonberg is a national correspondent for the Episcopal News Service and Episcopal News Monthly editor.