More shenanigans from TEC in Fort Worth

File this one under the "Oh, for crying out loud!" department. The increasingly desperate barristers representing the national Episcopal Church have filed yet another frivolous petition in the Fort Worth case, this time taking their baseless argument to the nation's highest court.

The diocesan legal team was notified yesterday that TEC parties have filed an appeal with United States Supreme Court (USSC) asking it to review the Texas Supreme Court's judgment in our case. This form of appeal is known as a Petition for a Writ of Certiorari (review of the case).

Historically, the USSC agrees to review only 1 in 100 of the certiorari petitions filed annually. Our attorneys believe there is little chance the Court will review our case because (1) there is no final judgment yet; (2) the USSC has no power to review issues of Texas law unless there is a violation of the U.S. Constitution; and (3) TEC’s petition asks the Court to abandon the Neutral Principles approach to church property disputes, which every state has adopted for the last 30 years.

To speed up this process, the Diocese plans to waive a response to TEC’s petition. The Court’s practice is not to grant certiorari without requesting a response first, so our “waiver” merely means that we will not file a response unless and until the Court asks for one. That way the petition goes to the justices’ chambers for a potential denial in the near future; if we file a response it delays distribution to the justices’ chambers by several months.

This filing does not affect the calendar that has been set in the 141st District Court.

(Via Email).

More good news: TEC loses again in Fort Worth

Via Anglican Ink:

In compliance with the mandate issued by the Texas Supreme Court on March 21st, today the 141st District Court in Fort Worth agreed to move forward with a new trial in the property suit brought five years ago by The Episcopal Church against the Episcopal Diocese of Fort Worth. It is anticipated that the next major event in the proceedings will be a hearing on motion for summary judgment sometime this fall, when neutral principles of law concerning trusts and property ownership in the State of Texas will be applied in the dispute. 

Bishop Iker

On Thursday morning Judge John Chupp heard discussion on both sides, then ruled on two motions. He denied a motion by TEC to stay the resumption of proceedings in his court, which would have postponed the case further while TEC considers an appeal to the U.S. Supreme Court; and he ordered the return of the $100,000 cash bond posted by the Diocese in October 2011 in connection with our appeal to the state Supreme Court. His order also terminates other conditions of the bond. 

Commenting on the result, diocesan attorney Scott Brister noted, “The judge ruled with us. It's time to move forward and finish this suit.” 

“We are grateful to be relieved of the obligations of the supersedes order,” added diocesan chancellor David Weaver. “We appreciate the continued prayers of our congregations as we navigate our way through the civil justice system.” 

In the near future our attorneys will present the trial court with a proposed scheduling order to move the case forward in compliance with the Texas Supreme Court's opinion of August 30, 2013. 

The Diocese is delighted to be on a path toward the conclusion of a lengthy and costly legal process. Bishop Iker said, “This is a great encouragement to us, and we look forward to the day when all these legal proceedings are behind us and we can get on with the mission of the Church without the distraction of litigation."

Good news on Good Friday: TEC loses another round in court

From the Diocese of Fort Worth:

First came the ruling against TEC in the direct appeal we brought to the Texas Supreme Court, issued on August 30. Second came the denial of TEC’s request for the court to rehear (or reconsider) that ruling. And now comes their third loss, on April 17. The high court has denied TEC’s motion to recall the mandate it sent to the trial court, which would have “stayed the proceedings” (stopped the legal process in Texas) while they try to get a review of our case from the U.S Supreme Court. Apparently the state Justices agreed with our attorneys that it is highly unlikely the U.S. Supreme Court will review the case at this stage. Nonetheless, TEC has until June 19 to seek review at the national level. 

The next step in the litigation here in Fort Worth is a hearing at 9 a.m. on Thursday, April 24, in the courtroom of Judge John Chupp, where we have requested that he set aside the supersedeas order and refund to the Diocese the $100,000 cash bond we posted two years ago in order to maintain possession of our property. With his original decision having now been reversed by the Texas Supreme Court, there are no legal grounds for the order to remain in effect. 

In addition, attorneys for the Diocese are completing new pleadings and a revised motion for summary judgment, which should be filed with the 141st district court sometime next month. 

Once again, it is time for the TEC lawyers to come clean with their clients about their prospects in this case and to stop filing more and more unnecessary legal motions that only delay the process. Without a significant benefactor paying all their legal fees, the small little group calling itself “the local Episcopal parties” could never have taken matters this far. It is prudent for them to cut their losses and move on. 

Thank you for your continued prayers and support. Let us give thanks to the Lord for his goodness and grace as we fight this spiritual battle that has been thrust upon us.

The Rt. Rev. Jack Leo Iker
Bishop of Fort Worth

Desperation: Church of What's Happening Now tries again in Fort Worth

This is getting old. Madam Oven Mitt and her fauxilliary bishop in Fort Worth remain steadfast in their refusal to read the handwriting on the wall.

Madam Oven Mitt

Attorneys for the Episcopal Church and its allies in the Episcopal Diocese of Fort Worth have filed a motion with the Texas Supreme Court asking it to reconsider its 30 August 2013 decision holding that "neutral principles of law" govern Texas church property disputes.

The 18 October 2013 asks the court to reconsider its ruling, which overturned a trial court decision which held that ownership of parish and diocesan properties was vested in the national church, not the local diocese led by the Rt. Rev. Jack L. Iker. The Supreme Court sent the case back to the Tarrant County trial court directing it to adjudicate the dispute by looking at the title deeds and corporate charters of the diocese -- using civil law to determine ownership.

The August ruling ended the denominational deference standard under Texas law, where the courts deferred to higher church bodies in adjudicating disputes over property.

In a statement posted on the Diocese of Fort Worth Facebook page, diocesan spokesman Suzanne Gill stated "[t]here is no need for the Diocese to respond at this time. We will wait for the Court's decision to grant or deny the rehearing request. Requests for rehearing are rarely granted."

After the August verdict was announced, the provisional Bishop of Fort Worth, the Rt. Rev. Rayford High, stated the national church and its allies were not giving up the fight. "I have heard that some folks think we are giving up. That is not true," he said on 5 September 2013 "We will keep you as informed as possible as these plans unfold while still protecting our legal strategies."

Summary judgment: Non iens evulsum.

For those of you who do not know Latin, you can get the translation here.

Okay, let's sing along now!

More good news: Fort Worth federal lawsuits dismissed

Madam Oven Mitt and her fauxilliary bishops of the Church of What's Happening Now are rapidly running out of options.

Two suits brought against Bishop Iker in 2010 have been dismissed from federal court following the ruling issued Aug. 30 by the state Supreme Court.

The first suit, filed Sept. 21, 2010, was in the form of a complaint. In it, Episcopal Church parties alleged that Bishop Iker improperly continued to use the insignia (shield and name) of the Diocese after our Diocesan Convention voted in 2008 to dissociate from The Episcopal Church.

The second suit, brought by All Saints’ Episcopal Church on Crestline Road in Fort Worth, complained that Bishop Iker allowed members of the Diocese to form a congregation called “All Saints’.” It was filed in October 2010.

The Hon. Terry R. Means “administratively closed” the cases today, noting that they “may be reopened, without prejudice, upon the motion of either party, upon the resolution of the related state-court proceeding” [that is, the suit remanded to the 141st District Court].

In other news, the Church of What's Happening Now has announced the following classic will be included in its new hymnal.