SAN DIEGO: California Supreme Court rejects Fallbrook church request for hearing
Episcopal News Service. March 17, 2009 [031709-04]
Pat McCaughan
The California State Supreme Court has refused to hear an appeal of an earlier court ruling that St. John's Church in Fallbrook could not disaffiliate from the Episcopal Church and the Diocese of San Diego and continue to control church property.
The decision effectively lets stand an October 21, 2008 appellate court ruling in the case of New v. Kroeger.
Representatives of the Diocese of San Diego applauded the decision. Chancellor Charles Dick called the court's refusal "a very important decision in favor of the Episcopal Church. It vindicates our position that the actions of the dissident congregation were extralegal and in excess of their legal authority," he said in a prepared statement.
Bishop Jim Mathes of San Diego also issued a statement, saying he was "overjoyed with this result which will finally allow the Episcopalians of St John's to return to their church. It is now time to bring to a close this unnecessary legal proceeding. The Episcopal Church will continue its ministry of following Jesus as an inclusive, servant church," he said.
"The fact that the Supreme Court has now "unfrozen" the St. John's case and returned it to its prior status is disappointing, but not completely unexpected," Eric Sohlgren, attorney for Payne & Fears in Irvine, Calif., who represented St. John's Anglican congregation, told ENS. "St. John's is considering all of its options but there are a number of issues to be resolved before any further steps could be taken with respect to the property." He said the congregation's representatives are in discussion with the diocese about a number of legal issues, "so we don't have any definitive news about the disposition of the property to report at this time."
Last October the Fourth District Court of Appeal unanimously reversed a judgment by a San Diego County trial court, which held that California law permitted a vestry to amend parish bylaws in order to quit the Episcopal Church. Using the "neutral principles" approach, which looks only to the property deeds and legal charters, the trial court permitted St John's Fallbrook to amend its bylaws to remove its accession to the canons of the Episcopal Church.
But the appellate court disagreed. "We must give deference to the Episcopal Church and San Diego Diocese's determination as to who constitutes the true members of St. John's Parish," the court said.
The parish's articles of incorporation stated it would continue "perpetually" as a part of the Episcopal Church. While the appeals court accepted the lower court's use of "neutral principles," it found that diocesan and national church canons had been incorporated into parish bylaws. It said the trial court had erred in not looking at diocesan canons for guidance.
Following a vote in which the majority of St. John's congregation chose to leave the Episcopal Church, the Bishop of San Diego, the Rt. Rev James Mathes, replaced the vestry, appointing a new board loyal to the diocese. The trial court held that this action would not divest the breakaway vestry of control of parish property, but the appellate court decision reversed this ruling, and vested control with the loyalists.
The Supreme Court's decision not to hear the case lets the appellate decision stand.
The Rev. Donald Kroeger, rector of the breakaway congregation, said he was disappointed, but "would abide by the court's decision.
"What's happened is the Supreme Court has issued its order and that means that the judgment of the appellate court is republished and the Appellate Court will order the Superior Court to issue a judgment in behalf of those who sued us," he said. "When that goes into place we'll know the terms. I'm not sure exactly what they will be but we will abide by whatever the terms are.
"It's never been about the building, it's always been about the Gospel. We're prepared to leave if that's what God wants us to do and if he wants us to go, we'll go. I think that if not all, 99 percent of the people worshipping with us will go with us."
Kroeger said that the congregation has been invited "to share a church in our community from a completely different denomination. They said to come and use worship space free of charge as long as you need to worship there."
He was not sure how soon that might happen.