Anglican Curmudgeon: California Supreme Court Throws out the Statute of Frauds

Monday, January 5, 2009

The California Supreme Court has now joined the ranks of State courts who uphold trusts created by the Dennis Canon, without any action on the part of the parishes that actually own the property in question other than the act of aligning with the Episcopal Church (USA). In a 7-0 decision, it ruled that the Diocese of Los Angeles could go forward with its suit to reclaim the buildings and land of St. James Church in Newport Beach, California, which voted to leave ECUSA in July 2004. (Justice Joyce Kennard dissented only on the point that as construed by the Court, the California statute which saves the Dennis Canon [Corporations Code section 9142, discussed below] is not a "neutral principle of law.")

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