Updated Monday morning
The Episcopal Diocese of Pittsburgh reports that:
A judge has ruled in the Diocese’s favor on several points in its legal dispute with former leaders over the control of diocesan assets.
In a hearing today, April 17, 2009, Judge Joseph James of the Court of Common Pleas of Allegheny County, allowed Diocesan Chancellor Andy Roman’s appearance as the attorney for the Episcopal Diocese of Pittsburgh of the Episcopal Church. The judge also granted a motion by The Episcopal Church to intervene in the case.
Both matters had been challenged in earlier court filing by attorneys representing former Bishop Robert Duncan and others who left the Episcopal Church last October.
The judge proceeded to order a hearing on the central issue before him, namely, whether a 2005 Court Order and Stipulation agreed to by Duncan and Calvary Episcopal Church requires that diocesan property must remain under the control of a diocese that is part of The Episcopal Church. Attorneys on both sides agreed the question of whether a diocese may leave the Episcopal Church will be reserved for a later hearing and decision, if necessary…
Read the full report at Judge Allows Chancellor’s Role, Episcopal Church Intervention.
Compare this account with the press release found on the website of the “Episcopal Diocese of Pittsburgh (Anglican)” emphasis added:
On April 17, lawyers for the diocese attended a hearing before Judge James in Pittsburgh, together with lawyers for Calvary Church, lawyers representing The Episcopal Church (TEC) diocese, and lawyers representing the leadership of the national Episcopal Church.
All parties, including the lawyers for the leadership of national Episcopal Church, agreed that there will be hearing based on the assumption that the diocese’s withdrawal from The Episcopal Church was valid. At that hearing, the court will address whether the October 2004 stipulation in the Calvary Church lawsuit was violated by a valid withdrawal of the diocese from The Episcopal Church. No date for the hearing has yet been set…
Lionel Deimel has additional commentary at A Hearing at Last.
The Living Church reported it this way: Flurry of Motions in Pittsburgh Case.