However, with the loss of the tenant in the commercial space and now the certain loss of the property, it's hard to imagine how they can continue the appeal of Judge Strobel's decision, which will involve hundreds of thousands more. My wife and I suspect they have been looting the parish of assets to meet expenses, but even this option will now be foreclosed.
The absence of Lancaster & Anastasia LLP from Mr Cothran's claim of possession may be significant -- it was a clear loser, but the Bush group's whole case has been a loser, and this hadn't deterred their intrepid legal team to date. Stay tuned.
The next question goes to the parish's affiliation. I have assumed up to now, and posted now and then to that effect, that the parish is unaffiliated. I now learn that the parish apparently intends to continue to identify itself as part of the Patrimony of the Primate. This was established by John Hepworth and Louis Falk in late 2010 to protect ACA parishes who intended to join the US-Canadian Ordinariate from adverse action by ACA bishops.
Although the ACA bishops unanimously requested that the Holy See erect the Ordinariates at the earliest possible time in March 2010, and in April 2011 pledged not to interfere with Patrimony parishes, they never acted in good faith over either move.
It seems more and more plain that their sole object was to seize St Mary of the Angels, a property worth somewhere in eight figures -- the only other ACA parish planning to leave with equivalent assets was Incarnation Orlando, which had put itself under a separate jurisdiction. Thus the ACA House of Bishops voted to dissolve the Patrimony in January 2012, when it became plain that David Moyer intended to continue to protect St Mary's from interference by Stephen Strawn.
However, court documents show that in John Hepworth's view, the ACA House of Bishops never had the authority to dissolve the Patrimony, since it was created by Hepworth himself as Primate of the TAC. As Hepworth put it in his deposition, the Patrimony still exists, St Mary of the Angels is still a parish in it, and Fr Kelley is still a priest in good standing in the Patrimony.
Samuel Prakash became the "acting primate" of the TAC following the retirement of John Hepworth (or his explusion by the TAC College of Bishops, depending on who you're talking to). He appears to be nothing but a figurehead, and the real power in the TAC, inasmuch as it exists, is with Brian Marsh and his ally Michael Gill. So far, none has made a move to dissolve the Patrimony on behalf of the Primate or the TAC.
They probably feel they don't need to. Remaining ACA clergy have either been cowed by Marsh and Strawn, or they stay out of their way and avoid direct confrontation. I would expect, though, that if the ACA's legal position continues to deteriorate in the St Mary of the Angels cases, we'll see an announcement of Marsh's "retirement". I wouldn't rule that out -- stay tuned.
