By A.S. Haley
In compliance with the mandate issued by the Texas Supreme Court on March 21st, today (April 24) the 141st District Court in Fort Worth agreed to move forward with a new trial in the property suit brought five years ago by The Episcopal Church against the Episcopal Diocese of Fort Worth. It is anticipated that the next major event in the proceedings will be a hearing on motion for summary judgment sometime this fall, when neutral principles of law concerning trusts and property ownership in the State of Texas will be applied in the dispute.
On Thursday morning Judge John Chupp heard discussion on both sides, then ruled on two motions. He denied a motion by TEC to stay the resumption of proceedings in his court, which would have postponed the case further while TEC considers an appeal to the U.S. Supreme Court; and he ordered the return of the $100,000 cash bond posted by the Diocese in October 2011 in connection with our appeal to the state Supreme Court. His order also terminates other conditions of the supersedeas bond.
Commenting on the result, diocesan attorney Scott Brister noted, “The judge ruled with us. It’s time to move forward and finish this suit.”
Read more at http://www.standfirminfaith.com/?%2Fsf%2Fpage%2F31291
1 Comment. Leave new
Highland Park Presbyterian, and Grace Presbytery, are undoubtedly watching this case closely — the latter with great trepidation.
It seems all but certain the Fort Worth diocese will prevail in court. This will give further strength to HPPC in its suit against Grace.
Grace is in a desperate situation. I believe that, if it loses to HPPC in the upcoming trial, it will continue to appeal — to the US Supreme Court if necessary. It will do so, not with any expectation of ultimately prevailing, but in the hope that HPPC will pay a monetary settlement to end the proceedings. For the sake of like-minded congregations in Texas, HPPC must take this all the way to victory, to once and for all destroy the trust clause in this state.
Grace commissioners voted overwhelmingly for nFog and Amendment 10-A, knowing their votes were not representative of church members in Grace congregations; but proceeding anyway, secure in the belief that the trust clause would prevent congregations from leaving. Now they must face the consequences of their miscalculation.