Monday, October 15, 2012

A.S. Haley: Oral Arguments Tomorrow in Texas and Virginia

October 15, 2012

On October 16, beginning at 9 a.m. Central (Daylight) Time, the Texas Supreme Court will hear oral arguments in two Episcopal church property cases: first (starting at 9:00) will be The Episcopal Diocese of Fort Worth, et al. v. The Episcopal Church, et al., Case No. 11-0265. You can find downloadable versions of all the briefs (including amici briefs) at this link. The Court's official summary of what is at stake in the case is as follows:
The principal issue in this case is essentially the same ownership question as that in 11-0332, Robert Masterson, et al. v. Diocese of Northwest Texas, et al., set to be argued the same day: whether in Texas the a diocese seeking to leave the U.S. Episcopal Church or the larger Episcopal governing entity owns the church property in the diocese and whether ownership should be decided by "neutral principles" using established trust and property law and taking account of deeds, the governing language employed by a local church and the larger denomination, or by "compulsory deference", determining where church members place ultimate authority over property use.
The other case, referred to in the summary of the Fort Worth case just given, is Robert Masterson, et al. v. Diocese of Northwest Texas, et al., Case Nhttp://accurmudgeon.blogspot.com/2012/10/oral-arguments-tomorrow-in-texas-and.htmlo. 11-0332 (briefs may be downloaded here).

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