The California Supreme Court has accepted a petition for review filed by the rector and vestry of St. John’s Anglican Church, Fallbrook.
The decision to review the case sets aside an appellate court decision in October 2008 which found that the vestry had ceased to be eligible to serve as directors of the corporation when they considered disaffiliating from the Diocese of San Diego and the Episcopal Church in July 2006. In November of that year, a lower court judge issued a final ruling in which she refused to recognize a board appointed by San Diego Bishop James Mathes as the legitimate trustees of the congregation, thus leaving the departing members in possession of the property.
This is the second case the California Supreme Court has agreed to consider within the past 14 months. The decision by the state Supreme Court also means the diocese cannot obtain a judgment evicting the Anglican congregation until after a decision is handed down.
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