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Matt Kennedy
Legalized Theft in Long Island: The Episcopal Church Confiscates Other People’s Property
Thursday, March 27, 2008 • 5:36 am
The People's Diocese of Long Island courageously liberates property occupied, maintained, paid for, and built by right wing reactionaries since 1704.

from here
The Supreme Court of Queens County, New York, recently ruled that the property of St. James' Episcopal Church, Elmhurst, is held in trust for the Diocese of Long Island and the Episcopal Church.

The majority of the members of St. James, Elmhurst voted in March 2005 to leave the Episcopal Church and join the Anglican Church in America. Those members formed what is now known as St. James Anglican Church, which is listed on the Anglican Church in America's website.

The departing members then sued the diocese and the Episcopal Church, asking for a ruling that neither entity had an interest in the parish property. The dissidents relied heavily on the fact that the parish was originally established as a part of the Church of England, arguing that the parish predated the Episcopal Church and they were therefore independent of the church and free to leave. St. James Church was founded in 1704 and officially chartered in 1761 by King George III. It was the first parish in Elmhurst, called Newtown in colonial times.

One of St. James' earliest rectors, the Rev. Dr. Samuel Seabury Jr., was consecrated in 1784 at Aberdeen, Scotland, by bishops of the Scottish Episcopal Church to be the first bishop of the Episcopal Church. In 1789, the second meeting of the General Convention of the Episcopal Church in the United States confirmed his position and he became presiding bishop.

...more

Comments:

Well, the next question is whether or not they will appeal. Anyone know the answer?

What Spirit leads you?

[1] Posted by mousestalker on 03-27-2008 at 06:58 AM

Two things about New York that are relevant here: first, the Supreme Court, Queens County, is the lowest state court, not the highest.  It is a trial court.  Second, the highest court, the Court of Appeals, recently surprised everyone and took for discretionary appeal the Ironoquoit case on which this case relied.  So, leaving side the inconvenience and expense of the local parish in the short term, this case has no long term significance for New York.  New York law will be decided by the Court of Appeals in the coming year.

[2] Posted by Mark McCall on 03-27-2008 at 07:20 AM

Does common sense ever prevail in these courts? This parish has been stolen from its rightfull owners, the St. James Vestry. They owned the building before the Diocese was created, how in the world can a diocese later claim ownership by canon? In the Diocese of Easton, and in the Sessions Laws of the State of Maryland, historic churches that existed before the Easton diocese was created were recognized as having irrevocable charters and were exempt from the diocesan corporate reorganization around 2005. That reorganization of the Diocese of Easton was purposely done to takeover those parishes of the diocese with or without vestry written consent. And our liberal friends call for justice? Give me a break.

[3] Posted by bradhutt on 03-27-2008 at 07:37 AM

The law in NY is extremely unfavorable to parishes.

[4] Posted by In Newark on 03-27-2008 at 07:57 AM

If I recall, and it has been a while since I studied legal adminestration, the NY Court of Appeals has a great deal of discretionary power over its civil case docket.  So, while I am absolutely certain the parish will appeal, whether or not the court will entertain the appeal is another matter.  If they have the authority (I think they do) they may join the case with the other one now on appeal before them.  Courts like to clear dockets.

FWIW
jimB

[5] Posted by jimB on 03-27-2008 at 08:29 AM

Why doesn’t the parish find a sympathetic orthodox bishop over in the UK and “rejoin” the CoE?  Then they can say the property’s reverted to its rightful owners.

[6] Posted by st. anonymous on 03-27-2008 at 08:58 AM

Now that you mention it, that doesn’t seem like a bad idea!  I wonder why others haven’t thought of it?  But of course, you’d have to get past Rowan Cantuar first, and I don’t think he’d agree.  “Boundary-crossing, you see.” “Can’t have that, can we?” “No, no....we must observe POLITY and all that, mustn’t we?”

[7] Posted by Cennydd on 03-27-2008 at 09:13 AM

JimB [#5]: To get the benefit of any favorable decision in the Ironoquoit case, this parish can (it seems to me) simply appeal this decision to the next court up. That way this case will still be pending when the Court of Appeals deals with Ironoquoit.

[8] Posted by Irenaeus on 03-27-2008 at 09:47 AM

It is not likely that Elmhurst would win on appeal even on unlimited money.  NY law on churches has a Catholic (rather than Protestant) basis for its thought.  Another part of the story is that the outgoing priest (he was retiring) actively brought in Eastern Orthodox and Continuing jurisdictions to recruit the parish and then (according to my best information) he disappeared completely from the scene.  The congregation completely rejected Eastern Orthodoxy.  When the Charismatic Episcopal Church was formed they negotiated with D LI for a building, which I understand they still own.  The Bishop in Malverne LI is BP Craig Bates.

[9] Posted by citykid on 03-27-2008 at 10:23 AM

Seems to me that if the good parishioners were to leave the buildong and begin a new one with ACA and let TEc have the prescious property it more than likely would be sold within a years time since it woud be empty and remain empty! TEc is devoid of any common sense and Christian charity!

If KJS and TEc’s new thing theology was so right, why not prove up people? Let those that don’t agree go, go in peace with property and if you are so right in your thinking and theology then wouldn’t God bless you more richly than those who hold to 2000+ years of teaching & tradition of the Scripture that are fleeing? If you’re so rightly spot on then let God show that you are, what are you so afraid of?

[10] Posted by One Day Closer on 03-27-2008 at 11:11 AM

#10 ODC—You are correct & see right through 815’s fears. The “New thing” is not that popular, but Institutionalist will be quite as long as their an institution to belong, she need to keep the “All is well” thing going, meanwhile rootlessly prosecuting dissidents because that is the only way the ‘new thing’ company is able to take over.

[11] Posted by Hosea6:6 on 03-27-2008 at 11:18 AM

Bear in mind that “leaving the building” in a high-priced area like Metro New York (or San Fransisco or Boston) is a more daunting task than it is in the South or Midwest.  That’s not to say it can’t be done, just that it’s much, much harder, especially if the parish is also giving up a rectory.

[12] Posted by In Newark on 03-27-2008 at 11:50 AM

Unfortuantly it all comes down to whatever state law says, and that is going to be different from state to state.

[13] Posted by AndrewA on 03-27-2008 at 11:51 AM

I agree with Irenaeus [#8].  The parish could file an appeal to the intermediate appeals court, which in NY is called the Appellate Division, and wait for the Court of Appeals decision in the Irondequoit case. (I hope that is close to the right spelling this time.) I agree with others about NY law, but I was flabbergasted that the Court of Appeals took the Irondequoit case.  It is not easy to get them to hear an appeal.  If NY were to go to neutral principles, we will know the tide has turned.

[14] Posted by Mark McCall on 03-27-2008 at 12:04 PM

The Anglican District of the Midwest (CANA) has launched a new website http://www.midwestanglican.org

Enjoy!

[15] Posted by MidwestAnglican on 03-27-2008 at 04:07 PM

What do the liberals propose to do with these empty churches--turn them into a chain of gay bath-houses?

[16] Posted by Chazzy on 03-27-2008 at 04:30 PM

Can these cases be found on the internet?

[17] Posted by ct layperson on 03-27-2008 at 05:17 PM

What do the liberals propose to do with these empty churches

Well, they make dandy nightclubs:

http://www.geograph.org.uk/photo/98692

[18] Posted by st. anonymous on 03-28-2008 at 10:49 AM

Elmhurst is a booming area where there are many Koreans not too far away.  Any church that comes up on the market will be picked up as a church.  Also the area has many folk from the Islands.  The Diocese always gave them an Anglo-Catholic priest.  The last one or two I think were SSC.  There is a pretty good chance that it would build back up.

[19] Posted by citykid on 03-29-2008 at 04:02 AM

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