St. Andrew’s Anglican Church to appeal ruling on property
[Ed. Note: The Chancellor's decision is based on hierarchical rules rather than "neutral principles of law." Some of the decision is based on precedent set by the California Supreme Court, returning 3 parish properties to the diocese. That ruling is under appeal but is still cited as "precedent" in New York State, and now Tennessee. Cheryl M. Wetzel]
http://www.tennessean.com/article/20100627/NEWS01/6270335/St.+Andrew+s+Anglican+Church+to+appeal+ruling+on+property
By Bob Smietana • THE TENNESSEAN • June 27, 2010
What happened
Leaders at St. Andrew’s Anglican Church left the Episcopal Diocese of Tennessee in 2006, but continue to meet at the same church building on Woodmont Boulevard.
The parish holds title to the property, which it bought from the diocese in 1966 for about $15,000.
But the Episcopal Diocese wants the property and sued the breakaway group in November.
Davidson County Chancellor Carol McCoy ruled in the diocese’s favor in April. She cited denominational rules, which say that all parish property is held in trust for local dioceses.
What’s next
The parish decided to appeal the court ruling.
Blake Matthews, an attorney for St. Andrew’s, says the trust for the diocese isn’t mentioned in the deed. So, the diocese has no claim to the property.
“St. Andrew’s intends to pursue its appellate rights and continue operating its preschool and church on the property until that process is resolved,” Matthews said.
Episcopal Bishop John Bauerschmidt said the diocese can’t take possession of the property, valued at more than $1.5 million, until the appeals process is over.
Parishes in at least five other states are involved in similar lawsuits. Most are part of the Anglican Church in North America, a rival denomination. Like St. Andrew’s, leaders of those parishes say the Episcopal Church has abandoned its traditional beliefs about sexuality and about Jesus being the only way to salvation.

