Thinking Anglicans

Pittsburgh: legal developments

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.

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choirboyfromhellJerry HannonFord Elmsmynsterpreost (=David Rowett)Jared Cramer Recent comment authors
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Father Ron Smith
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Father Ron Smith

“In short, the plaintiffs (TEC) got everything they could have expected from the judge at this point in the litigation, and the defendants (ex-Bp. Duncan & Co.) got nothing. Duncan’s prospects for hanging on to the Episcopal Church assets he has removed from the church are looking poor indeed, – (web-log, Lionel Deimel) Things are not looking too promising for prospective ‘ACNA Primate’ Robert Duncan and the GAFCON Primates’ who are supporting his takeover of the property of TEC in Virginia. Acts of piracy in the Church ought never to be condoned by any legal system looking for justice to… Read more »

David Wilson
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David Wilson

As usual Lionel Diemel overstates the case. The fact that Judge James allowed Andy Roman to represent the interests of the TEC Diocese in no way signals that the case is lost for Bishop Duncan and the Pittsburgh Anglican Diocese further the Judge in no way ruled or inferred that the TEC diocese is in anyway the “real or only” Diocese of Pittsburgh. Lionel is the commensurate TEC Spinmaster.

Walsingham
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Walsingham

@Father Ron Smith:

Be careful with the “acts of piracy” thing. That could actually make ACNA more attractive.

“Ahoy! The Lord be with ye!”
“Yar! And also with thee, matey!”

Cynthia Gilliatt
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Cynthia Gilliatt

“Ahoy! The Lord be with ye!”
“Yar! And also with thee, matey!”

Last year somebody sent me a link to a Talk Like A Pirate Day Eucharist … wish I’d kept it.

Jared Cramer
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@Walsingham

AH HA HA HA HA HA! That just made my Monday morning.

mynsterpreost (=David Rowett)
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Hm. Whether ‘splice the mainbrace’ will ever function as a completely theologically adequate replacement for ‘Let us proclaim the mystery of faith’ remains to be seen….

Ford Elms
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Ford Elms

“‘splice the mainbrace'”

A clergy friend is not all that fond of Westward facing celebrations, calls it “Spiritual bartending”. The temptation after the consecration is to say “Belly up to the bar, boys!”

Jerry Hannon
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Jerry Hannon

Here’s the web page citation that Cynthia lost:

http://episcopalprincess.blogspot.com/2007/09/pirate-eucharist.html

choirboyfromhell
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choirboyfromhell

Well blow me down and with thy spirit…eg eg eg eg!

choirboyfromhell
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choirboyfromhell

“Belly up to the bar, boys!”

Complementary W(h)ine and crackers. Live entertainment.