A California judge has issued a final ruling, refusing to recognize a board appointed by San Diego Bishop James Mathes as the legitimate trustees of St. John’s Church, Fallbrook. In July a majority of the congregation voted to end its spiritual and corporate affiliation with the diocese and align with the Anglican Church of Uganda.

“The court will not adjudicate whether, under the constitution and canons of the diocese or The Episcopal Church, Bishop Mathes had the authority to remove and replace board members,” Judge Jacqueline M. Stern of the San Diego Superior Court said in her ruling. “What is significant is that plaintiffs cite no such authority under California corporations law.”

In August, a new vestry was elected to lead those who wished to remain in The Episcopal Church. Bishop Mathes declared that group the legitimate trustees of the property. Recently the diocese filed a motion asking the court to issue a legal ruling in its favor. At a Nov. 8 court hearing Judge Stern indicated she had tentatively sided with the original parish leadership now in charge of the Anglican congregation. The final decision, released Nov. 13, stated that there was no valid basis under California law for Bishop Mathes’ removal and replacement of the directors of the corporation.

“A few former members of St. John’s and the Diocese of San Diego seemed to think that they could unilaterally evaporate California corporate law and the overwhelming vote of St. John’s members to change their religious affiliation by simply declaring themselves in charge,” said Eric C. Sohlgren, the lawyer for the Anglican congregation. “Thankfully, the court saw through this ruse which was aimed at confiscating church property the diocese never paid for or maintained.”

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