Church case goes higher

The California Supreme Court has agreed to hear arguments in St. James Anglican Church’s land dispute with the Episcopal Diocese of Los Angeles County.

The Newport Beach church, which has severed its ties to the Episcopal Church, hopes to have a July appelate court decision giving control of the property to the diocese overturned.

The church filed a petition in July with the state court after the June appellate ruling in favor of the diocese. The court on Wednesday granted St. James’ petition to review the case, according to Supreme Court records available online.

Both sides said they were optimistic.

“We’re very encouraged by this decision,” said Eric C. Sohlgren, lead legal counsel for St. James Anglican Church. “The court’s unanimous and quick decision to grant review indicates that it has a strong interest in restoring clarity to the law in how church property disputes are to be resolved in California.”

The diocese’s legal counsel, John Shiner, said people are mistaken to believe the court took on the case to reverse a decision.

“We feel very confident that the Supreme Court will affirm the unanimous decision of the court of appeal,” he said. “Our position is consistent with the lower court’s decision, which relied on several California Supreme Court decisions in reaching its conclusion.”

The crux of the legal dispute centers on how to decide who controls church land.

The diocese, and the appellate court decision, hold that in a hierarchical church such as the diocese, the highest authority in the denomination makes the rules.

But St. James and the other breakaway churches want courts to use “neutral principles,” a case-by-case test that also considers who occupies and maintains the property.

Also under consideration is whether the diocese’s original suit for possession of the church land can be challenged as a punishment for exercising free speech. The appellate court said it was not.

The legal battle began in 2004, shortly after St. James cut ties with the Episcopal Church. Church leaders said they felt the diocese had become too liberal regarding the divinity of Jesus.

The international Anglican Communion has been divided since the Episcopal Church consecrated a gay bishop in 2003. St. James subsequently affiliated with the Diocese of Luwero in the Anglican Province of Uganda.

Based on a Diocese Canon declared in 1979, the Los Angeles diocese claims to hold the church’s property in trust.

Two other churches, St. David’s in North Hollywood and All Saints’ in Long Beach, joined St. James in the appeal and will have their claims considered, as well.