PITTSBURGH: Episcopal Church petitions to join property case, wants Duncan to vacate offices
Episcopal News Service. February 17, 2009 [021709-06]
Mary Frances Schjonberg
Saying that all property held by or for a diocese can only be used for the mission of that diocese and the Episcopal Church, the church has asked a Pennsylvania court to allow it to join an ongoing case concerning the Episcopal Diocese of Pittsburgh.
In papers filed February 13 with the Court of Common Pleas in Allegheny County in Pittsburgh, the Episcopal Church also asked the court to declare:
- that the members of the diocesan leadership now recognized by the Episcopal Church are "the proper authorities entitled to the use and control of the real and personal property" of the diocese,
- that the property may be used only for the mission of the diocese and the wider church,
- that deposed Bishop Robert Duncan and the leaders of the group of Episcopalians that left the diocese on October 4, 2008 must provide an accounting of that property, and
- that Duncan and the breakaway leaders must vacate the diocesan offices and turn over control of the property to the current leadership.
The petition to intervene in the case is available here. It was signed by retired Diocese of West Missouri Bishop John C. Buchanan, who is the parliamentarian for the House of Bishops and is described in the petition as trustee ad litem (Pennsylvania law requires unincorporated associations, like the Episcopal Church, to sue in the name of one of its members as trustee ad litem).
The Pittsburgh Standing Committee, currently the diocese's ecclesiastical authority, said in a statement that the members "approve of and welcome the Episcopal Church joining our legal effort to regain control of diocesan assets that are still held by former diocesan leaders."
"Our request before the court is based on an agreement those former leaders made in court, namely, that diocesan property would unconditionally remain with a diocese that is defined as being part of The Episcopal Church of the United States," the statement continued. "We believe the participation of The Episcopal Church in the case will help clarify beyond question who is and who is not rightfully the Episcopal Diocese of Pittsburgh identified in that court agreement."
On October 4, the diocese's 143rd annual convention voted to leave the Episcopal Church. The people who departed, led by Duncan, have said they are now part of the Argentina-based Anglican Province of the Southern Cone while they attempt to form a parallel Anglican province in North America that would be recognized by the large Anglican Communion. Duncan and those he leads have continued to hold the diocesan property in question. Their website refers to both the Episcopal Diocese of Pittsburgh and The Episcopal Diocese of Pittsburgh (Anglican).
The Episcopal Church asked to intervene in the case that Calvary Episcopal Church in Pittsburgh began in the fall of 2003 after a special diocesan convention passed a resolution stating that all property in the diocese, which under Episcopal Church canons is held in trust by the diocese for the entire church, instead belongs to individual congregations or the diocese itself. The legal action sought "to preserve and protect the unity and integrity of the property," a statement on Calvary's website said at the time.
The case resulted in an October 2005 court order in which Duncan and the other then-leaders of the diocese agreed that the diocese would continue to hold or administer property "regardless of whether some or even a majority of the parishes in the Diocese might decide not to remain in the Episcopal Church of the United States of America."
Earlier this year, the current leaders of the diocese asked the court to give it control of the diocese's assets, which it said amounted to approximately $20 million in endowments and bank accounts, as well as other resources, some non-financial, that are used in conducting day-to-day diocesan business. The diocesan request did not directly address the use of church buildings but diocesan leaders have said that ownership issues will need to be resolved.
After the convention's vote on October 4, Duncan told reporters that he and those who supported the realignment "will negotiate fairly with congregations for what's best and right, considering that stake the diocese has and what stake they have." Duncan added that "in many cases, we don't have any historic stake in the property" but that in some the diocese built the churches.
The property held by or administered by the Pittsburgh diocese is now being overseen by a "special master" appointed by the Allegheny County Court of Common Pleas two days before Duncan's deposition. Pittsburgh attorney Stanley E. Levine and the Campbell & Levine law firm are to prepare and inventory, and "advise the court as to any alleged violations" of the October 2005 court order.
Approximately 28 congregations, or about 40% of the Pittsburgh diocese prior to the October separation, remain active in the life of the Episcopal Church.
There was no reply to an ENS request for comment from the Southern Cone-affiliated diocese.