Judge Joseph James of the Court of Common Pleas of Allegheny County, Pennsylvania, yesterday heard evidence regarding the meaning of the court’s Stipulation and Order dated October 14, 2005. The Court received evidence and heard arguments on the question of whether the Stipulation was violated when the Episcopal Diocese of Pittsburgh withdrew from the Episcopal Church in October 2008. For the purposes of yesterday’s argument, all parties agreed to assume that the Diocese’s withdrawal from TEC was valid.

At the hearing, lawyers for the TEC Diocese presented evidence regarding the negotiation history of the Stipulation, including testimony from lawyers who represented Calvary Church in the negotiations. The TEC Diocese argued that under the Stipulation, the Diocese may not retain any property if it ceases to be affiliated with TEC. The Anglican Diocese strongly challenged this argument and presented evidence demonstrating that the TEC Diocese’s position conflicts with the clear words of the Stipulation, and with the history of negotiations leading to the Stipulation. In its written briefs, the Anglican Diocese argued that the Stipulation does not require the Diocese to forfeit its property after validly withdrawing from TEC. The parties will submit post-hearing briefs to the court, the last of which will be filed no later than July 10, 2009.

Although yesterday’s hearing related to Diocesan property, both TEC and the TEC Diocese have made clear that they will challenge the right of any parish not affiliated with TEC to retain its property, arguing that the TEC Constitution does not permit a parish to retain its property if it ceases to be affiliated with TEC. The Anglican Diocese strongly disputes this claim.

-posted May 28, 2009-