Thursday, October 23, 2008

Another court decides in favor of the Episcopal Diocese this time the Diocese of Rochester.

Another court decides in favor of the Episcopal Diocese this time the Diocese of Rochester.  David Beers the chancellor for the Presiding Bishop sends us this new dicision.

The Court held:

The question before this Court is whether defendant All Saints Protestant Episcopal Church ("All Saints," or "the parish") held its real and personal property in trust for the benefit of plaintiff Episcopal Diocese of Rochester ("Rochester Diocese") and nonparty Protestant Episcopal Church of the United States of America ("National Church"), such that upon the parish's separation from the Rochester Diocese its property reverted back to the Rochester Diocese or the National Church.  For the reasons stated below, we answer this question in the affirmative.

And this

 We conclude that the Dennis Canons clearly establish an express trust in favor of the Rochester Diocese and the National Church (see Jones, 443 US at 606), and that All Saints agreed to abide by this express trust either upon incorporation in 1927 or upon recognition as a parish in spiritual union with the Rochester Diocese in 1947.

The secessionists like to pretend that the Dennis Canon has no legal effect.  The decisions are coming fast and furious in favor of the Episcopal church.

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