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| Category: Legal Documents |
U.S. Supreme Court Amicus Brief in St. James Anglican Church of Newport Beach  |
Version: 1.0 Submitted Date: 2009/8/14 |
Description:
Amicus curiae, Memorial Church of the Good Shepherd (“Good Shepherd”), is a Pennsylvania nonprofit corporation that has been a parish of The Episcopal Diocese of Pennsylvania (“the Diocese”) since 1870. Good Shepherd’s original 1870 charter remains today as its governing document and has been amended only once, in 1907, to change its corporate name. Since its 1870 foundation, Good Shepherd’s property has been titled solely and exclusively in its own name apart from a period beginning in 1910, when Good Shepherd granted and conveyed the property to trustees for the Diocese, who, in 1967, granted and conveyed all the property back to Good Shepherd. Good Shepherd’s property has remained titled solely and exclusively in its own name since the Diocese’s reconveyance.
On February 19, 2009, the Diocese filed an action in Pennsylvania state court to claim Good Shepherd’s real and personal property, asserting that the property “is held in trust for the Episcopal Church and the Diocese” on the basis of internal church canons and constitutions unilaterally adopted by those bodies, declaring that the local congregation holds its property in trust for the national church hierarchy. These church canons and constitutions were adopted after Good Shepherd obtained title to its property. Ultimately, the state court action against Good Shepherd arises from the Diocese’s decision in 2002 to inhibit the sacramental and spiritual ministrations of the incumbent rector of Good Shepherd and to depose him as pastor in consequence of doctrinal, ecclesiological, and canonical disputes between the parties regarding: priestly and episcopal ordination, clerical status, and religious vows; ecclesiastical authority and spiritual jurisdiction; exercise of priestly and episcopal faculties and pastoral direction; acquisition, holding, and loss of ecclesiastical office; and abandonment vel non of religious communion with the Episcopal Church.
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209 185.55 KB PDF http://steadfastinfaith.org/ |
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