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Court victory for Quincy in church property dispute: Anglican Ink, December 21, 2011 December 21, 2011

Posted by geoconger in Anglican Church of North America, Anglican Ink, Property Litigation, Quincy.
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Bishop Alberto Morales of Quincy

An Illinois court has dismissed the claim that as a “matter of law” the Episcopal Church is a hierarchical with dioceses being subordinate to the national church, rejecting a motion for summary judgment brought by the national church against the breakaway Diocese of Quincy.

The 16 Dec 2011 decision by Judge Thomas Ortbal of the Eighth Judicial Circuit Court in Adams County, Ill., now sends the dispute between the Diocese of Quincy and the national church and its allies to trial.  The court also concluded that even if the church is hierarchical, that would not end the matter because a “neutral principles of law” approach should be applied to resolving the property ownership dispute.

Judge Ortbal’s decision – which cannot be challenged on appeal at this stage of the proceeding without his permission – may well be a legal blow to the national church’s litigation strategy in its fight with other breakaway dioceses as it cuts the legs out from under the national church’s chief legal argument.

Read it all in Anglican Ink.