California Court of Appeal

Reset A A Font size: Print

Huber v. Jackson, D051669

In a dispute over church property, trial court's grant of summary judgment for the general church and its diocese is affirmed where: 1) under the California Supreme Court's holding in the Episcopal Church Cases, the local parish church holds the property in question in trust for the Episcopal Church and the Los Angeles Diocese, and by disaffiliating from the church defendants and their new parish under another church have no right in the property; 2) the court did not err in rejecting defendant's collateral estoppel argument as the case defendant relies on is distinguishable largely due to the passage of time and there is also now Supreme Court precedent on the matter; and 3) the court did not err in determining that after defendants voted for disaffiliation, their purported amendment of the articles of incorporation and bylaws to make the corporation part of the Anglican Church were a legal nullity, or ultra vires.

Appellate Information

  • Decided 07/01/2009
  • Published 07/01/2009

Judges

  • McCONNELL, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • John Raymond Shiner, Holme Roberts & Owen LLP, Los Angeles, CA, Brent E. Rychener, Holme Roberts & Owen LLP, Colorado Springs, CO, Jeremy Brooks Rosen, Horvitz & Levy LLP, Encino, CA, for Plaintiffs and Respondents., Eric C. Sohlgren and Daniel Friedman Lula, Payne & Fears LLP, Irvine, CA, for Defendants and Appellants., David. Booth Beers, Heather H. Anderson, Jeffrey D. Skinner and Elizabeth Frances Stone, Goodwin Procter LLP, San Francisco, CA, for Plaintiff-in-Intervention and Respondent.
Copied to clipboard