Breaking News -- Appeals Court Overturns Judge Strobel's 2015 Ruling

I attended a trial setting conference this morning in Judge Murphy's Department 32 on the damage suit brought by the St Mary's vestry against certain individuals, the ACA, and the ACA Diocese of the West. However, this was overtaken by events, as I learned that on December 8, 2017, the appeals court issued its opinion on the Bush group's appeal of Judge Strobel's ruling in the 2015 trial. The decision is highly technical, but the crux of it is here:

The bottom line, as has been variously described to me, is that "Essentially, they say that because ballots were not sent to every member [--in particular, the Bartuses], no action may be taken pursuant to Section 9413. Although we argued there was no prejudice because those votes were counted in Defendants' favor, the Court said that it did not matter- that a vote could not be taken at all unless ballots were sent to every member." or, as Fr Kelley put it , "even though they both testified in Court Trial that HAD they been sent Ballots, the RC Church Canons would not have permitted them to VOTE!

"We knew that. They knew that. We knew that they knew that. They knew that we knew that they knew. But the Judges couldn't add that up.

"The Minutes had a reference to 'those who had migrated to the R.C. Church', but did not specifically NAME the two of them. Others, who left in July 2012 were named, recent history. Bartuses had left in April. By July that was 'past history. . ."

All the ruling says is

The August 2012 vote failed to comply with section 9413. Thus, the court erred in entering judgment in plaintiff's favor.

The judgment is reversed. Defendants to recover costs of appeal.

As was discussed in court this morning, the appeals court has not yet issued remanders that would establish the practical effect of the decision, although it seems clear that it renders the remaining case, the damage suit by the vestry that was the original subject of this morning's conference, moot unless there is further appeal. Presumably, unless other action is pursued by the vestry, at some point in the near future, the vestry will have to vacate the parish and turn it over to the ACA.

As far as I'm aware, the vestry has made no final decision on what move, if any, it will make. Judge Murphy certainly made his feelings clear in court this morning, noting that over more than five years, there have been seven cases connected with this issue and saying, "It's ridiculous that we're continuing with this."

As my views on the cases have developed over the years, I've become less and less convinced that there can be a good outcome, whatever the legal developments. I don't feel optimistic about the future of the OCSP, and I think lack of growth and the likely outcomes of poor clergy formation and insufficient supervision will bring about a dissolution of the prelature and transfer of the dozen or so viable parishes to territorial dioceses. However, St Mary of the Angels isn't really set up to be a diocesan parish -- it's too small on one hand, but on the other, it's only a few blocks from a diocesan parish that can't fill its own worship space despite reducing masses.

Meanwhile, the Bush group and the ACA demonstrated between 2012 and 2016 that they couldn't run a parish, alienated the community, and drove away a tenant. I doubt if they seriously expect to operate the parish and will pursue ways to sell the property, especially the Della Robbia altarpiece.

The roots of the situation date back at least to the period immediately before the parish withdrew from TEC in 1977, and probably farther back than that. I'll post more on my reflections about this tomorrow.