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Fourth time a charm, Episcopal Church hopes with latest Fort Worth lawsuit: The Church of England Newspaper, Oct 22, 2010 p 6. October 24, 2010

Posted by geoconger in Church of England Newspaper, Fort Worth, Property Litigation.
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The Rt. Rev. Jack Iker of Fort Worth

First published in The Church of England Newspaper.

A fourth lawsuit has been laid at the doorstep of Fort Worth Bishop Jack Iker by the loyalist faction in the diocese, claiming he has violated the trademark of a Fort Worth congregation for his personal enrichment and to deceive the local citizenry.

On Oct 18, the diocese reported that All Saints Episcopal Church, a congregation that had affiliated with the loyalist faction, had filed a lawsuit against Bishop Iker in the US Federal Court for the Northern District of Texas alleging the misappropriation of the parish’s name and reputation for his own personal ends.

Speaking to the Forward in Faith National Assembly on Oct 16, before he had learned of this latest suit, Bishop Iker told the delegates “I stand before you as the most sued Anglican Bishop in all of North America.”

The national Episcopal Church and its surrogates in Fort Worth, as of Oct 16, had launched “three different suits, in three different courts, in two counties” in Texas, “all for the same offence: for standing firm for the historic faith and doctrine of the undivided church and not allowing the Diocese of Fort Worth to compromise itself” by conforming to the “General Convention religion of the Episcopal Church.”

In its pleading, All Saints Church alleges Bishop Iker had engaged in “unfair competition” and “public confusion and harm” through giving his support to a faction of All Saints parish that had withdrawn from the congregation.  All Saints has asked the court to grant an injunction forbidding Bishop Iker from allowing those parishioners from All Saints who remained loyal to the diocese from using the name “All Saints” and has demanded he disgorge himself of any profits he may have received, along with payment of damages.

In a statement released on Oct18, the diocese said the new suit was “frivolous” and “laughable.”

“It is time for this wasteful mockery of Christian doctrine and of the civil court system to stop.

However, if the minority continues to bring trumped-up charges, we will continue to defend ourselves,” the diocese said.

In his remarks to the UK Forward in Faith gathering, Bishop Iker said his diocese had spent over $1 million in attorney’s fees “on the first go round,” and expected to spend a further $3.5 million “before it is over.”

In the other cases underway, the parties are awaiting a hearing date to be set in the Texas 141st District Court to hear the Oct 8 motion by the Diocese of Fort Worth to strike the loyalist group’s amended pleadings and enforce the appellate court’s ruling in its favor.

In the federal court case brought against Bishop Iker on Sept 21, the diocese has filed its answer denying the allegations, and offered a complaint in intervention to dismiss the suit.