Diocese of Nebraska: Church is focus of court fight

January 20, 2009
BY CHRISTOPHER BURBACH
WORLD-HERALD STAFF WRITER

When a parish breaks up with its church authority, who gets the house of worship?

That's a fight taking place in courthouses coast to coast and now in Nebraska as part of the Episcopal Church's schism over issues of scriptural interpretation and homosexuality.

The Episcopal Diocese of Nebraska is suing the rector and lay leaders of a breakaway parish, St. Barnabas. Diocesan officials want the Rev. Robert Scheiblhofer and company to leave the historic church at 129 N. 40th St. and the rectory next door, now that the parish has rejected the authority of the Episcopal Church. The diocese contends it is the rightful owner of the property under church rules and state law.

Scheiblhofer and other parish leaders say they aren't going anywhere. They contend that the property has always belonged to the parish, that it still does and that the diocese has no claim to it.

The diocese has asked the Douglas County District Court to resolve the dispute. An attorney for Scheiblhofer and St. Barnabas' vestry, or governing body, is seeking to have the suit thrown out. The first hearing in the case is set for Wednesday. the rest