Judge dismisses St. James lawsuit

A judge on Monday dismissed a lawsuit against St. James Church’s

congregation that claimed the Newport Beach breakaway church’s

property and assets belong to the Episcopal Diocese of Los Angeles.

Orange County Superior Court Judge David Velasquez issued a

tentative ruling Thursday and confirmed his decision Monday. He ruled

that efforts by the national church to retain the property of the

seceding St. James congregation was an attempt to tread upon the

congregation’s freedom of speech.

In a statement released Monday, the Episcopal Diocese of Los

Angeles said it plans to appeal immediately.

“We believe the court’s order was clearly in error, and indeed

takes the law to a new level not supported by precedent,” John

Shiner, chancellor of the diocese and lead attorney, said in a

prepared statement.

Praveen Bunyan, pastor of St. James, said his congregation is

pleased with the news.

“We are so joyous,” Bunyan said. “We believe that God has relieved

us and delivered us from this legal battle.”

The Episcopal Diocese of Los Angeles filed suit against St. James

in September 2004 after the Newport Beach church and two other

Southern California congregations broke away from the diocese and the

Episcopal Church of the United States in protest of the national

church’s liberal positions on Biblical authority, the divinity of

Jesus Christ and homosexual marriage.

After leaving the national church, St. James affiliated with the

Diocese of Luwero in the Anglican province of Uganda, Africa. The Los

Angeles diocese’s lawsuit alleged St. James’ property belongs to the

national church, not to the Via Lido congregation.

The judge’s final ruling means that St. James will be able to

maintain ownership of the church’s building, hymnals, vestments and

all other property.

Eric Sohlgren, lead attorney for St. James, argued that the

diocese’s case was not about property but was rather an attempt to

stifle St. James’ free speech after it left the diocese in protest of

the national church’s doctrinal stances.

Now that the judge has issued a final ruling, the members of St.

James can once again focus their attention on worshipping, Bunyan

said.

“We will continue to worship as we have been in the place that

people have invested in,” Bunyan said.

Although the judge ruled in favor of St. James, the church’s legal

issues are not over, Sohlgren said. A countersuit filed by St. James

in June is still alive. In that suit, the church claimed the diocese

breached a contract in which the diocese issued a written pledge to

not try to take St. James’ property.