tag:blogger.com,1999:blog-759178030677978044.post3537874657162896133..comments2024-02-19T07:24:42.397-08:00Comments on Anglican Curmudgeon: A Pewster's Primer on Property LawsuitsA. S. Haleyhttp://www.blogger.com/profile/05108498446058643166noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-759178030677978044.post-7548947030028995812012-04-18T12:01:39.763-07:002012-04-18T12:01:39.763-07:00To hopefully simplify my post relating to what may...To hopefully simplify my post relating to what may now available to the Abp. of Canterbury with regard to submitting an amicus brief in various TEC/ECUSA's legal actions against congregations where a majority of members have voted in favor of no longer remaining affiliated with TEC/ECUSA: (A). A bishop is consecrated in TEC/ECUSA in violation of Church law of provinces in the Anglican Communion. (B). The Abp. of Canterbury provides the greatest possible forbearance to TEC/ECUSA in dealing with this situation (i.e., under what I termed a policy of a no-time-certain end to mediation and/or negotiation of various related issues). (C). In no way, morally or legally, does (B)justify TEC's/ECUSA's proceeding in property litigation against a congregation where the majority of a congregation has voted in favor of no longer remaining affiliated with TEC/ECUSA,if,in fact,(as noted in (A)), the above consecration in TEC/ECUSA simply continues to remain in violation of Church law in provinces of the Anglican Communion.williamphttps://www.blogger.com/profile/15462159892385010372noreply@blogger.comtag:blogger.com,1999:blog-759178030677978044.post-14707787436867639892012-04-17T15:13:16.293-07:002012-04-17T15:13:16.293-07:00In my opinion, there is a bold and useful thing th...In my opinion, there is a bold and useful thing the Abp. of Canterbury could do before relinquishing his post that would leave him standing taller and with a legacy much brighter than if simply quietly winds things down. What I suggest is related to the fact that the Abp. has operated on an apparent belief that there is no reason to have a time certain for ending mediation and negotiation of an issue or issues, while in actuality--whether at the courthouse steps or some other further next-step that may follow mediation or negotiation--a no-time-certain approach with regard to mediation or negotiation will almost universally operate to deny justice to one of the parties to a dispute, as has occurred in the case of congregations where there has been a clearly demonstrated desire of individuals not to remain affiliated with TEC/ECUSA. Thus, what the Abp.can now do to rectify his past approach involving issues in property litigation cases is to file amicus briefs in every property dispute pending in an appellate court in this country in which TEC/ECUSA is a party and clearly point out that TEC/ECUSA is largely at fault for the entire matter being before the court. This should deservedly take much of the wind from TEC/EDCUS's "sails" and would provide necessary guidance to the courts as what is really involved in these disputes.williamphttps://www.blogger.com/profile/15462159892385010372noreply@blogger.comtag:blogger.com,1999:blog-759178030677978044.post-67003454076498458662012-04-10T07:56:46.410-07:002012-04-10T07:56:46.410-07:00What about Mississippi? I've read about a Cath...What about Mississippi? I've read about a Catholic church on the Gulf Coast and a Presbyterian church in Madison who left PCUSA and kept its property, but I don't know if this was all settled in local probate court, or if some things on neutral principles had to be straightened out, etc. I think the Madison Presbyterian church took some issue not to the state Supreme Court, but to the US Circuit. I can find nothing about the decision, but since that was back in 2007 and the church is still there, I assume they won...but I don't know.The Reformed Reinhardthttps://www.blogger.com/profile/12117578058106157744noreply@blogger.comtag:blogger.com,1999:blog-759178030677978044.post-40307827294944829672012-04-06T07:25:57.391-07:002012-04-06T07:25:57.391-07:00A.S.,
Great job on helping those who don’t know ...A.S.,<br /> Great job on helping those who don’t know what’s really going on in the church property litigation front. Here's another question I thought of:<br /><br />Q: Have individual parishes made settlements/deals with TEC and what is the outcome?<br /><br />A: Yes, several have; however, part of the settlement is that the parish pays for the property AND is not allowed to associate with any Anglican province (e.g, ACNA, CANA, etc.) for at least five years.SVCVergerhttps://www.blogger.com/profile/03401830625191873904noreply@blogger.comtag:blogger.com,1999:blog-759178030677978044.post-29377779099304106902012-04-05T09:13:58.676-07:002012-04-05T09:13:58.676-07:00You are right, sophy0075, and I have corrected my ...You are right, sophy0075, and I have corrected my first Q and A to reflect that dastardly element of ECUSA's strategy in these cases.A. S. Haleyhttps://www.blogger.com/profile/05108498446058643166noreply@blogger.comtag:blogger.com,1999:blog-759178030677978044.post-12709383704671090772012-04-05T06:55:42.110-07:002012-04-05T06:55:42.110-07:00You might add that the Episcopal Church is also su...You might add that the Episcopal Church is also suing the rectors and vestries of the departing congregations, alleging fraud and wrongdoing on their part and demanding damages from them too. Of course there is no justification for that other than pure evil.sophy0075https://www.blogger.com/profile/03313315186411760221noreply@blogger.com