The Living Church: New York Court Limits National Church Participation in Property Case
04/17/2007

A New York state court has rejected a motion filed by the Domestic and Foreign Missionary Society of the Episcopal Church (DFMS) to join the lawsuit filed by the Diocese of Central New York against St. Andrew’s Episcopal Church in Syracuse.

The New York court’s April 10 ruling limits the national church’s right of action in cases involving the Dennis canon. It granted the DFMS the right to observe but not materially participate in the prosecution of the case.

In his order, State Supreme Court Justice James P. Murphy stated the national church had asserted that it had “as a matter of right” the standing to intervene in the lawsuit on the theory that all church property was subject to an “express trust” in favor of the DFMS.

“All real and personal property held by the parishes of the Episcopal Church is held in trust for the benefit of the Episcopal Church as a whole, and the specific diocese in which the property is located,” lawyers for the national church argued.

The court rejected this argument saying the DFMS failed to show it had a legal interest in the property and “only asserts that St. Andrew’s property is held in trust for the benefit of the Episcopal Church as promulgated by certain Episcopal canons, and as such, the court finds its legal interest to be insufficient.”

Judge Murphy granted the DFMS a limited right to intervene, noting that if “the court is ultimately required to review the practices, policies and procedures of the national Episcopal Church, the inclusion of the DFMS may be beneficial to an ultimate resolution.”

Lawyers for the diocese would serve as lead trial lawyers for the plaintiffs, and the DFMS “may not individually conduct any discovery without the express permission of the court.” link
(The Rev.) George Conger