Legal Setback for San Diego Diocese
11/09/2006

Last summer, the rector of St. John’s, Fallbrook, and the bulk of the congregation voted to disassociate from the diocese and The Episcopal Church. Now, a California court has handed a legal setback to the Diocese of San Diego in its attempts to regain possession of the property.

Superior Court Judge Jacqueline Stern recently handed down a tentative ruling that allows the breakaway congregation, now called St. John’s Anglican Church, to remain in possession of the church property. That ruling will become permanent unless she reverses herself after requesting oral arguments which were heard in court Nov. 8 from lawyers representing both the diocese and the Anglican congregation.

In July the congregation of St John’s voted to move under the oversight of an overseas primate while remaining in possession of the parish property. The diocese and some members of the congregation filed a motion to have the members desiring to remain with the diocese declared the rightful trustees of the property.

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