Thursday, September 17, 2009

Good News From Ft. Worth

It’s not the final word, but a significant ruling has come down in the dispute between the Episcopal Church and the (real) Diocese of Ft. Worth. The 141st District Court slapped down the TEC puppet diocese’s claims to be the real Diocese of Ft. Worth. But the court went far beyond that:

The judge also ruled that neither the Constitution and Canons of The Episcopal Church nor the Constitution and Canons of this diocese prohibit withdrawal from TEC and realignment under another province. Further, he found that the Diocese had done so at its November 2008 annual convention, saying that “they [the members] took the diocese with them.” The action of the November convention was not, he said, ultra vires and void, as the suit’s plaintiffs have argued. He declared, too, that the Diocese had taken its property with it in realignment.

I’m no lawyer, but it seems to me this ruling leaves The Episcopal Church without a leg to stand on in its attempt to steal the property of the Diocese of Ft. Worth, in this round at least. Is there a legal term for “slap down”?

Expect an appeal.

For more lawyerly comments, the Anglican Curmudgeon is following this matter closely.

Hat tip to Stand Firm.


Tregonsee said...

So far so good, but always keep in mind that the law is about the law, not right and wrong. So there is nothing to inhibit, pardon the expression, TEC from drawing this out endlessly, and expensively, in hopes of finding an appellate judge who will give them what they want.

Mark said...

Oh, I fully expect TEC will do so.