August 25, 2010

The Episcopal Diocese of San Joaquin on Aug. 24 filed a lawsuit against the former members of St. Paul's Church in Bakersfield, to seek return of the church property.

St. Paul'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.

Similar cases are currently pending against the former members of St. Francis, Turlock; St. Michael's, Ridgecrest; St. John's, Porterville; St. James, Sonora; Redeemer & Hope, Delano; St. Columba, Fresno; and St. Paul's, Visalia, according to a press release from the diocese.

Such litigation became necessary after invitations from San Joaquin Bishop Jerry Lamb to discuss the orderly return of the churches were largely ignored, according to the release.

"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 Diocesan 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, but oral argument before it is set for Sept. 8.

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."

Episcopal News Service