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NY Diocese Gets Property of Break-Away Episcopal Parish

By Howard M. Friedman

In Episcopal Diocese of Rochester v Harnish, (NY Ct. App., Oct. 23, 2008), New York's high court held that when All Saints parish broke away from the Episcopal Diocese of Rochester, New York, its property remained with the Diocese and the Protestant Episcopal Church of the United States of America. The Dennis Canon adopted in 1979 by the General Convention of the National Church provides that "All real and personal property held by or for the benefit of any Parish, Mission or Congregation is held in trust for this Church and the Diocese thereof in which Parish, Mission or Congregation is located." The "neutral principles" test requires the court to respect these provisions. Virtue Online reports on the decision.

Full post as published by Religion Clause on October 24, 2008 (boomark / email).