My understanding is that Bishop Iker's diocesan corporation does hold title to the two parcels of real property on which the church and the main accessory buildings of All Saints are situated. However, the parish in the intervening years acquired several parcels of nearby property to make more room. Of these, three are held simply in the name of the parish itself, while one (used for a curate's home) was acquired in the name of the parish corporation, despite the provisions of Canon 31 linked above. (The church also uses another parcel about 7 miles away for "All Saints School." The school is run as a separate corporation, and its ownership of the property is not at issue in the lawsuit.)The case ended up being resolved on a motion for summary judgment, instead of being tried to a jury. (Both sides filed motions, which meant that they agreed there were no disputed facts to be tried.) Bishop Iker's motion and supporting papers are here; the opposition papers do not appear to be online, and the reply papers are here. At the hearing on the motion held today before Judge Chupp, he granted judgment to Bishop Iker and his Diocese.
The judgment, given in accordance with "neutral principles" as required by the Texas Supreme Court, means that Bishop Iker's Diocese is the owner of the actual church property and the old rectory (now the accessory buildings). His Diocese relinquished claim to the parcels which All Saints had purchased in its own name, notwithstanding the canons. So the rump diocese ends up with "two curate houses, a youth house, and a vacant lot." And it will still operate its school as before, since that property was never the subject of any lawsuit.
More details will follow as soon as they are available.
There is a hostile group in the building right now. Once the appeals have run their course, and the EcUSA groups' fate set, that they are wrongfully encamped in Bishop Ikers' Diocesan territory, we become aware that there is an Iker congregation in need of a home. What is the probability that the hostile congregation will be removed making way for the rightful congregation under Bishop Iker?
ReplyDeleteOnly those who remain allied with Bishop Iker and his Diocese will be permitted to occupy the church, Milton F. Whether or not the hostile group stays in it pending their appeal will depend on whether they want to pay rent to the group that owns it.
DeleteThank you so much, Mr. Haley! That clarifies the real time situation immensely. Bless you for all that you do!
DeleteSad to say, but this is going to be so ugly. The rump diocese priest at that church hates +Iker with the heat of a thousand suns.
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