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SAN JOAQUIN: Court of Appeals Overturns Lower Court Ruling
Anglican Diocese of San Joaquin will have its day in court
By David W. Virtue
www.virtueonline.org
November 19, 2010
Appellate justices yesterday reversed the summary judgment against the Anglican Diocese of San Joaquin lodged by the Episcopal Church thus allowing the diocese to have its day in court.
The appellate justices tossed out a Superior Court judge's decision that the breakaway diocese couldn't claim a right to the property in a jury trial. The judge essentially had decided that it was a church matter, not a matter for the civil courts.
The judge's ruling can be read here: http://dioceseofsanjoaquin.net/latest/wp-content/uploads/2010/11/F058298.pdf
You can also read a story from the Fresno Bee here: http://www.virtueonline.org/portal/modules/news/article.php?storyid=13562
Translating the Appellate Decision in the San Joaquin Case read Allan S. Haley (The Curmudgeon) here: http://accurmudgeon.blogspot.com/2010/11/translating-appellate-decision-in-san.html
