Diocese sues former Episcopal church in Binghamton to gain control of property
BINGHAMTON -- The Diocese of Central New York is attempting to order a former Episcopal Church in Binghamton to vacate its buildings and turn over legal title of the property to its regional office.
In a lawsuit filed this week, the diocese asked the State Superior Court to force Church of the Good Shepherd, on Conklin Avenue, to leave the facility as well as account for all money -- including an endowment fund -- because the congregation withdrew from the Episcopal Church and joined the Anglican Church of Kenya.
"It's a David-versus-Goliath situation; the Episcopal Church has deep pockets. This is a powerful and wealthy institution that is trying to crush a local church, only to put it on the auction block and sell it for cash," attorney Raymond J. Dague said Thursday from his Syracuse office. "It's a sad thing that a bishop who's supposed to protect sheep is trying to crush them."
In November, Good Shepherd withdrew from the Episcopal Church and joined another Anglican community, according to the court document filed with the Broome County Clerk's Office.
By withdrawing from the Episcopal Church, the lawsuit claims Good Shepherd broke canon law, which states a congregation's property is held in trust for the church and the diocese -- a relationship which is a characteristic of Episcopalian hierarchy, according to the complaint.
Since the denomination consecrated Gene Robinson, a practicing homosexual, as bishop of New Hampshire in 2003, Good Shepherd has been a vocal critic of the national church's stance on homosexuality and the authority of Scripture.
In June, St. Andrew's in Vestal voted to withdraw and align itself with the Convocation of Anglicans in North America.
Six months later, St. Andrew's gave the keys of its buildings to the diocese, rather than face a lawsuit, and moved to Memorial Park Baptist Church on Front Street in Vestal.
Across the United States, as well as Canada, former Episcopal churches and their dioceses are increasingly going to court to settle property questions after parishes withdraw from the denomination over homosexuality and scriptural authority.
In March, St. James in Elmhurst, Queens County, lost a legal battle to keep its building when the State Supreme Court ruled for the Diocese of Long Island after the church broke away in 2003 and sued to keep title to its property.
The 2.3-million member Episcopal Church is essentially the U.S. branch of the 77-million member worldwide Anglican community.
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In a lawsuit filed this week, the diocese asked the State Superior Court to force Church of the Good Shepherd, on Conklin Avenue, to leave the facility as well as account for all money -- including an endowment fund -- because the congregation withdrew from the Episcopal Church and joined the Anglican Church of Kenya.
"It's a David-versus-Goliath situation; the Episcopal Church has deep pockets. This is a powerful and wealthy institution that is trying to crush a local church, only to put it on the auction block and sell it for cash," attorney Raymond J. Dague said Thursday from his Syracuse office. "It's a sad thing that a bishop who's supposed to protect sheep is trying to crush them."
In November, Good Shepherd withdrew from the Episcopal Church and joined another Anglican community, according to the court document filed with the Broome County Clerk's Office.
By withdrawing from the Episcopal Church, the lawsuit claims Good Shepherd broke canon law, which states a congregation's property is held in trust for the church and the diocese -- a relationship which is a characteristic of Episcopalian hierarchy, according to the complaint.
Since the denomination consecrated Gene Robinson, a practicing homosexual, as bishop of New Hampshire in 2003, Good Shepherd has been a vocal critic of the national church's stance on homosexuality and the authority of Scripture.
In June, St. Andrew's in Vestal voted to withdraw and align itself with the Convocation of Anglicans in North America.
Six months later, St. Andrew's gave the keys of its buildings to the diocese, rather than face a lawsuit, and moved to Memorial Park Baptist Church on Front Street in Vestal.
Across the United States, as well as Canada, former Episcopal churches and their dioceses are increasingly going to court to settle property questions after parishes withdraw from the denomination over homosexuality and scriptural authority.
In March, St. James in Elmhurst, Queens County, lost a legal battle to keep its building when the State Supreme Court ruled for the Diocese of Long Island after the church broke away in 2003 and sued to keep title to its property.
The 2.3-million member Episcopal Church is essentially the U.S. branch of the 77-million member worldwide Anglican community.
full article
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