California Supreme Court Unanimously Grants Review of St. James Church Petition

California Supreme Court Unanimously Grants Review of St. James Church’s Petition Asking for Right to Pursue Its Property Ownership Case in the Orange County Superior Court
June 9th, 2010
FOR IMMEDIATE RELEASE

NEWPORT BEACH, Calif. – June 9, 2010 – In a unanimous decision, the California Supreme Court agreed today to hear St. James Anglican Church’s appeal that it has a constitutional right to continue its property rights battle against The Episcopal Church. By granting the St. James petition, the Court has acknowledged that this property rights dispute is far from over as the Episcopal Church has claimed, and that the Court must decide whether a defendant can be deprived of its property before it has had the opportunity to defend itself with evidence in a court of law.

St. James petitioned the California Supreme Court following a March opinion by two justices of the California Court of Appeal, Fourth Appellate District, Third Division, in which two of three justices interpreted a prior California Supreme Court decision called Episcopal Church Cases as having finally resolved the property dispute between the Episcopal Church and St. James in favor of the Episcopal Church, thus depriving St. James of any opportunity to defend its property with evidence in the Orange County Superior Court.

But a stinging dissent by the Appellate Court’s third justice called the majority’s opinion “revolutionary,” “unprecedented” and “without any basis in law.” Dissenting Justice Fybel said that this was “the only case in the history of California where entry of judgment has been ordered upon overruling a demurrer and denial of an anti-SLAPP motion.” In the opinion, both the Court of Appeal majority and Justice Fybel urged the California Supreme Court to step in and clarify what it meant in its 2009 decision entitled, Episcopal Church Cases. the rest

The California Supreme Court order granting review can be found here.