Monday, May 04, 2009

Episcopal Diocese of Los Angeles seeks legal fees

Episcopal Diocese of Los Angeles wants St. James Anglican Church to pay for legal costs associated with church’s separation.
By Brianna Bailey
Saturday, May 2, 2009

In a move an attorney for St. James Anglican Church called “threatening and bullying behavior,” the Episcopal Diocese of Los Angeles will try to recover attorneys fees and court costs from the church and some of its members who voted to break away from the Episcopal Church in 2004, resulting in a bitter legal battle over St. James’ Via Lido campus.

“They are doing this so no one ever dares leave the Episcopal hierarchy ever again,” said attorney Daniel Lula, who represents St. James.

Attorney John Shiner, who represents the diocese, said Friday that he didn’t know how much money his client would try to recover from St. James and individual members of its vestry, which functions like a board of directors.

“We’re doing nothing more than what we’re entitled to do legally,” Shiner said.

An Orange County Superior Court judge is slated to hear the matter May 15.

The fact that the diocese has not disclosed yet how much money it will seek from St. James and its members led Lula to speculate on Friday it will be “an obscene amount.”

“These are volunteers — it’s not like they’re the board of directors at General Electric. These are retired people, school teachers and stay-at home-moms,” Lula said.

Legal fees are bound to be high in the case, which involved a small army of attorneys.

The church property dispute went all the way to the California Supreme Court. In the case, the diocese claimed it had a right to keep St. James’ Newport Beach church after it left the Episcopal Church. The state Supreme Court ruled in favor of the diocese in January.

St. James is considering taking the case to the United States Supreme Court — church leaders have until the end of May to file, Lula said.

St. James cut ties with the Episcopal Church in 2004, over differing views on theology and homosexuality. The Newport Beach church became one of three conservative Southern California parishes that placed themselves under the jurisdiction of a Ugandan bishop after the Episcopal church consecrated a gay bishop in 2003. Other Episcopal bishops began sanctioning gay marriages about the same time. the rest

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