Church battles for land rights

Attorneys for St. James Anglican church in Newport Beach recently filed the opening brief in a California Supreme Court property dispute case that could affect churches statewide.

The Newport Beach church, which has severed its ties to the Episcopal Church, hopes to have overturned a July appellate court decision giving control of the church property to the Episcopal Diocese of Los Angeles County.

“I think some people might think this only involves Episcopal or other hierarchical churches,” said attorney Eric Sohlgren, who represents St. James. “The language of the opinion is so broad, it could be used by any organization of churches to argue that they hold the property, not the local church.”

The brief, filed last week with the California Supreme Court, argues courts should use “neutral principles of law” when settling church property disputes. The appellate court ruling deferred to the decision of church hierarchy.

The legal battle began in 2004, shortly after St. James cut ties with the Episcopal Church. The denomination 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.

“One of the things we pointed out was how unfair and unjust this ruling is,” Sohlgren said.

“Imagine if you are a church and members think their money is going to support the local church. Suddenly, the denomination back on the East Coast says ‘we own all your property,’” he said.

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

“We believe the court of appeal decision was correct,” said attorney John Shiner, who represents the diocese. “The court spent over 70 pages in reviewing and analyzing the case and came out with a decision in our favor. It was a lengthy and thoroughly analyzed decision.”

The California Supreme Court also has granted review of three similar church property cases involving All Saints’ Anglican Church in Long Beach, St. David’s in North Hollywood and First Baptist Church in Los Lomas.

The cases are on hold pending the outcome of the St. James case. Four other cases pending in the California Court of Appeal — involving former Russian Orthodox, Assemblies of God and Episcopal churches — will be affected directly by the St. James case.

Oral arguments in the St. James case have not been scheduled, but attorneys for both sides said Monday they did not expect arguments to begin until after spring 2008.

BRIANNA BAILEY may be reached at (714) 966-4625 or at [email protected].