July 8, 2010
By Pat McCaughan

The Episcopal Diocese of San Joaquin filed a lawsuit July 6 for return of property and assets held by St. Paul's Anglican Church, a group of former Episcopalians in Visalia who have affiliated with another denomination, according to a statement released by the diocese.

Similar cases are currently pending against members of other Central California congregations, including: St. Francis Anglican Church in Turlock; St. Michael's Anglican Church in Ridgecrest; St. John's Church, Porterville; St. James Anglican Church in Sonora; Holy Redeemer, Delano, and St. Columba's Church in Fresno.

Diocesan chancellor Michael Glass said the litigation, filed in the Superior Court of California in Tulare County, became necessary after members of the parishes failed to respond to the invitations of the diocesan bishop, the Rt. Rev. Jerry Lamb, to discuss the orderly return of church property.

"It is particularly disappointing given the recent and unequivocal decisions of the California Supreme Court and Court of Appeals' rulings that the properties and assets are held for the Episcopal Church and its dioceses," said Glass, in the prepared statement.

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

Also pending is a lawsuit against the former bishop, which is now before the Fifth District Court of Appeal in Fresno 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.

A majority of the diocese's congregations, led by former bishop, John-David Schofield, voted to realign with the Argentina-based Anglican Province of the Southern Cone in December 2007 but attempted to retain diocesan property and assets.

Despite the pending litigation, Lamb said that "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."

Episcopal News Service
The Rev. Pat McCaughan is a national correspondent for the Episcopal News Service. She is based in Los Angeles.