Calif. Anglican church wants its day in court

By John H. Adams
The Layman
Tuesday, January 27, 2009

St. James Anglican Church in Newport Beach, Calif., has filed a “petition for rehearing or modification of decision” to challenge a Jan. 5 California Supreme Court opinion that the national Episcopal Church (USA) is the owner of the local church property.

The petition includes evidence that was not weighed by the Supreme Court that disputes the Episcopal Church (USA) claimed ownership of St. James property.

Furthermore, the petition, again in California Supreme Court, says the ruling was preemptive because it did not allow St. James to present its case to the court: “ … [N]o affirmative defenses have been raised; no discovery has taken place; no full factual record has been developed; no cross-claims (if any) have been brought; and no trial has occurred.”
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