Friday, January 2, 2009

California Supreme Court to rule on Episcopal Church cases

The opinion has not yet appeared on the court's website, but I just received an email message from the court that it has published a notice of a forthcoming opinion. See docket entry here. The opinion, when it is posted, should appear here. Although this case will be decided, in part, according to California law, it may have national impact to the extent it relies on federal constitutional law. Looks like we will not have to wait long to find out how it turns out.

UPDATE:

The opinion will be issued next Monday morning, January 5, 2009. The court's announcement today included the following information:

EPISCOPAL CHURCH CASES
S155094 (G036096/G036408/G036868; Orange County Superior Court – JCCP 4392)
Argued in Riverside County 10-08-08

This case includes the following issues: (1) Should the “principle of government” approach, also known as the “highest church judicatory” approach, be used to resolve disputes between a local congregation and a national church or regional diocese over ownership of church property, or should these disputes be resolved using a “neutral principles analysis”? (2) Was the complaint properly subject to a motion to strike under Code of Civil Procedure section 425.16? (3) What role does Corporations Code section 9142 play in the analysis and resolution of church property disputes?


Opinion(s) in the above case(s) will be filed on:

Monday, January 5, 2009 at 10:00 a.m.

UPDATE ON MONDAY -

HERE IT IS, AFFIRMING THE APPELLATE COURT RULING IN FAVOR OF THE NATIONAL CHURCH.

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