Grace Church v. Diocese of Colorado

[Douglas Laycock]

Another district court decision that Episcopal Church property in local parishes is held for the diocese. 

Court <http://feedblitz.com/r.asp?l=38645440&f=491391&u=14506545[1]>  Says
Property of Break-Away Parish Remains With Colorado Episcopal Diocese

In Grace
<http://www.feedblitz.com/t.asp?/491391/14506545/http://www.virtueonline.org[2]
/portal/content/grace_032409.pdf>  Church and St. Stephen's v. Bishop and
Diocese of Colorado, (CO Dist. Ct., March 24, 2009), a Colorado state trial
court held that all the property of a break-away Colorado Springs parish
belongs to the Episcopal Church of the United States and the Diocese of the
State of Colorado. The parish, now aligned with the more conservative
Convocation of Anglicans in North America, was ordered to cease using the
parish property immediately and to turn over financial records and other
documents within 30 days. In reaching its decision, the court concluded
that:

the founding documents, various bylaws, relevant canons of the general
church and consistent parish loyalty to the Diocese over most of its 135
year existence ... reflects the intent that all property held by the parish
would be dedicated to an utilized for the advancement of the work of ECUSA.

<http://www.feedblitz.com/t.asp?/491391/14506545/http://www.virtueonline.org[3]
/portal/modules/news/article.php?storyid=10144> Virtue Online says that the
building at issue is a majestic Gothic style church that is an historic
landmark valued at $17 million. It reports on the reaction of Father Donald
Armstrong, rector of Grace Church & St. Stephen's.
<http://www.feedblitz.com/t.asp?/491391/14506545/http://www.episcopal-life.o[4]
rg/79901_106407_ENG_HTM.htm> Episcopal Life reports on the reaction of
Diocese of Colorado Bishop Robert J. O'Neill and other officials of the
continuing congregation. It also says that "Armstrong, who became rector of
the congregation in 1987, is the subject of an ongoing criminal
investigation into allegations he misappropriated parish funds." Today's
<http://www.feedblitz.com/t.asp?/491391/14506545/http://www.washingtontimes[5].
com/news/2009/mar/25/diocese-wins-ruling-in-property-dispute/> Washington
Times also reports on Tuesday's court decision. (See
<http://www.feedblitz.com/t.asp?/491391/14506545/http://religionclause.blogs[6]
pot.com/2008/05/no-summary-judgment-in-colorado.html> prior related
posting.)

Douglas Laycock
Yale Kamisar Collegiate Professor of Law
University of Michigan Law School
625 S. State St.
Ann Arbor, MI  48109-1215
  734-647-9713

Links:
------
[1] http://feedblitz.com/r.asp?l=38645440&amp;f=491391&amp;u=14506545
[2] http://www.feedblitz.com/t.asp?/491391/14506545/http://www.virtueonline.org
[3] http://www.feedblitz.com/t.asp?/491391/14506545/http://www.virtueonline.org
[4] http://www.feedblitz.com/t.asp?/491391/14506545/http://www.episcopal-life.o
[5] http://www.feedblitz.com/t.asp?/491391/14506545/http://www.washingtontimes
[6] http://www.feedblitz.com/t.asp?/491391/14506545/http://religionclause.blogs
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