Friday, November 19, 2010

Appellate Court Sends Case back to Superior Court

The following excerpts are from a recent Fresno Bee article, "Episcopal dispute sent back to Fresno Co. court":

"The legal battle between the U.S. Episcopal Church and the breakaway Anglican Diocese of San Joaquin over who owns church property will return to Fresno County Superior Court, the 5th District Court of Appeal ruled Thursday.

The appellate justices tossed out a Superior Court judge's decision that the breakaway diocese couldn't claim a right to the property in a jury trial. The judge essentially had decided that it was a church matter, not a matter for the civil courts."

At the end of the article there is this comment from the attorney representing the Anglican Diocese of San Joaquin:

"Attorney Russell VanRozeboom, who represents the breakaway diocese, said he was aware of the ruling and that the trial court has been told by the appeals court to proceed based on neutral principles of the law. 'It's absolutely a positive step. We asked for it to be reversed and it was. Not only was it reversed, it was dismissed. We got more than what we asked for.'"

See the link below to read the entire article, which includes commentary from those representing the Episcopal Church.

Read more at Fresno Bee.

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