Church appeals to high court

The church property dispute between St. James Church and the Episcopal Diocese of Los Angeles is in the hands of the California Supreme Court after the Newport Beach church filed a petition with the high court Monday.

The appeal follows an appellate court decision in June that gave the diocese control of the church’s waterfront property.

“The decision to petition the California Supreme Court was a clear choice based on the fact that the previous decision deviates from almost 30 years of law in California which respects local property rights,� said Eric C. Sohlgren, St. James’ lead attorney.

The legal battle ensued shortly after St. James severed ties with the Episcopal Church in 2004 as church leaders felt the diocese had become too liberal regarding the divinity of Jesus. The international Anglican Communion has been divided since the Episcopal Church consecrated a gay bishop in 2003. St. James subsequently affiliated with the Diocese of Luwero in the Anglican Province of Uganda.

Based on a Diocese Canon declared in 1979, the Los Angeles diocese claims to hold the church’s property in trust.

St. James affiliated with the denomination in 1949 and established the church at its current location a year later, when a local land developer donated the property.

“The idea that a big, bureaucratic church could just pass a rule and claim ownership of the property offends basic notions of fairness and property ownership,� Sohlgren said. “The people at St. James have never received any money or contributions from the Episcopal Church to help them buy or maintain the property.�

The diocese is aware of the appeal, but officials offered no additional comment Monday evening.

“We are aware of the appeal, but have not yet seen the actual petition,� spokeswoman Janet Kawamoto said. “We’ll see when our attorneys have had a chance to take a look at it.�

Sohlgren is hopeful the California Supreme Court will take on the case, adding there is a “direct conflict� among the state’s appellate courts regarding how to resolve church property disputes. The court has until November to decide whether or not it will hear the case.

St. James has received copies of numerous letters sent from churches statewide to the high court, urging it to assume the case, Sohlgren said.

Two other Southern California churches, St. David’s in North Hollywood and All Saints’ in Long Beach, joined St. James in the appeal.