Saturday, March 27, 2010

Other breaking news today in L.A.

Without much fanfare the ruling on the appeal of the property dispute between the Episcopal Diocese of Los Angeles and former members of the Episcopal Church in Newport Beach was posted online.

You can read it all here ... but here's the bottom line:
Let a writ issue requiring the Superior Court of Orange County to vacate its order denying the motion of the Episcopal Church and Los Angeles Diocese for judgment on the pleadings, and to enter a new order granting that motion. Petitioners shall recover their costs in this proceeding.
I spoke with my bishop earlier today and he said a formal statement will be coming from the diocesan communication office -- probably on Monday -- but in the meantime I have his dispensation to offer the following during Lent:

Alleluia. Alleluia.
.

7 comments:

Erp said...

I am out of place here not being a Christian (though I am a lurker) but is it fitting to be triumphant that others have lost? Alleluias should be saved for when those people who have been separated are joined to the community not for mere buildings.

DavidJustinLynch said...

The Court did the Right Thing. Nothing more need be said.

SUSAN RUSSELL said...

Excellent question [Erp] ... and if it was "about mere buildings" you'd be right. And of course Alleluias will be in order when and if "those who have been separated are joined" ...

and ...

It's not just about buildings. It's about the end of a long, draining, expensive-not-just-in-dollars process that will now allow us take the time and energy and resources that have been focused on defending the diocese against those who want to leave because we welcome everyone and shift to welcoming all.

Yes, even those who have have left and we never hold out hope will return.

The Alleluias are for the good news we have in us in our proclamation of God's love available to all ... alleluias our prayer book tells us we say "even at the grave" -- so yes, there's rejoicing in the movement forward for the mission and ministry of the Diocese of Los Angeles ... even as there continues to be grief at the colleagues we've lost to differences exploited into divisions.

Paul Powers said...

Whether appropriate or not, the alleluias may be premature. The case could still go back to the California Supreme Court. If the supreme court agrees with the court of appeal's interpretation of the supreme court's earlier ruling, that will effectively be the end of the case, so you can safely sing alleluia at that point (and since lent will be over by then, you won't need a dispensation from your bishop).

On the other hand, if the supreme court disagrees with the court of appeal's interpretation of its earlier ruling, that could result in the case's being sent back to the superior court, and then from there to the court of appeal, and then back to the supreme court, yet again. By then, we might be in Lent 2011 or 2012, so you might need the episcopal dispensation after all.

SUSAN RUSSELL said...

Paul ... TOTALLY hearing what you're saying, and ...

A long-time mentor taught me to set audacious goals and celebrate incremental victories.

This is one of those.

Thanks for taking time to comment.

Erp said...

I'm concerned that the alleluias will be perceived as deliberate salt in their wounds (self-inflicted though those wounds may be), Prov. 24:17. In particular by those in the pews who poured money and labor into their local church and then followed their shepherd out of the TEC. Note the hierarchical nature of Anglican churches is a double edged sword; in some conservative countries it is the pro-women or pro-lgtbi who find themselves outside because of it (e.g., Christopher Ssenyonjo).

DavidJustinLynch said...

Given the Cal Supreme Court's prior opinion in Episcopal Church Cases I, (2009) 45 Cal.4th 467, and given the fact that in other, subsequent property disputes (St. Luke's La Crescenta, St. John's Fallbrook, etc.) the Cal Supreme Court has consistently refused review of those Court of Appeal decisions on subsequent cases that have followed its original opinion, the answer to Paul Powers is a reversal is about as likely as the Pope becoming a member of Rick Warren's church. In legal language its called "stare decisis et non quieta movere" or "Maintain what has been decided and do not alter that which has been established." Courts like cases to become final, settle, over and done.