The California Supreme Court has clarified its prior opinion in The Episcopal Church Cases, according to A.S. Haley, a lawyer and Anglican blogger.
 
The Diocese of Los Angeles brought suit seeking recognition as the rightful owner of church property after a majority of members at three congregations voted to disaffiliate from The Episcopal Church in 2004. The California Supreme Court decision concerned with St. James’ Church, Newport Beach, but is applicable to all three.
 
The correction was issued Feb. 25 in conjunction with a decision to deny a request for rehearing made by lawyers for St. James’. The court granted a request by St. James’ for modification of its Jan. 5 opinion, adding several additional words along with punctuation changes. Those changes are meant to clarify that the case will have to be heard by a lower court before a final judgment is entered, according to Mr. Haley.
 
The corrected opinion does not affect the overall decision, but rather clarifies it to note that “if ECUSA proves at trial that everything it alleged is true, then it can use what the Supreme Court said on the merits ‘on this record’ to ask for judgment in its favor. But if the facts prove to be otherwise at trial than what ECUSA alleges, it could prove to be a whole new ball game,” Mr. Haley said.
 
The Diocese of Los Angeles contends in a press release, however, that the denial for rehearing means that “the matter is finally over,” according to John Shiner, chancellor for the Diocese of Los Angeles.
 
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