"Under Nebraska Episcopal Bishop Joe Burnett the diocese has sued seven individuals, which is odd because the parish is a corporate entity, the vestry is not. They have no capacity in this case. The diocese is not suing the parish itself. It is the parish that made the decision to sever itself from the diocese. They voted that on Sept. 7, 2002."

The diocese filed suit in November 2008. Chatelain said this is the first parish to leave the Diocese of Nebraska. The presenting issue is over the authority of Holy Scripture. "If we are to stay true to Scripture, we are not able to stay in TEC."

Chatelain described St. Barnabas as a very high Anglo-Catholic church that celebrates week-day mass.

Explaining the legal case, Chatelain said there are two types of Trust in the State of Nebraska. One is an Express Trust. The other is an Implied trust. "The Dennis Canon does not fit into any theory of Implied Trust. An Express trust is clearly out since St. Barnabas never entered into a written trust agreement."

"We had a hearing on Sept. 1 with a motion granted by the court to compel. The judge has asked the diocese for a response by October 1. We have a clear shot at the Dennis Canon and we won't allow anything to muddy the waters. The Title is clear in the name of the parish as are all our organizing documents. The Dennis canon is the only thing the diocese and TEC can hang its hat on and we are ready to go to the mat.

Fr Robert Scheiblhofer, rector of the parish told VOL that St. Barnabas was formed in 1869 - at the height of the Oxford movement. The founding rector was originally the rector of Trinity Church (which later became the Cathedral). His churchmanship was too high for the good people of Trinity, so he moved on to start "St. B's." From the very beginning St. B's was in hot water with the diocesan officials. Bishop Clarkson tried to close it down several times due to such "romish" practices as candles on the altar and colored stoles. Fr. Betts, the founding rector, soon tired of all these fights and left. His successor, Fr. Williams, had a better time with the bishop. Though still hauled into the diocesan office on a regular basis, William's manner was less harsh and he managed to get away with much more than Betts ever did. Over the years, many of the rectors of St. B's ran afoul of the diocese over differences in churchmanship - practices which later came to be adopted by most parishes. The one difference was that they never argued over issues of theology. On the matter of the church and her teachings, they were all on the same page.

"This, of course began to change when the American church began acting as if she were an independent body - able to make decisions regarding changes in church teaching without consulting the wider church. So she began to ordain women - at first illegally, but then legally by changing canons. She began to ordain non-married sexually active clergy - at first illegally, but then by change in canon. She also passed a canon claiming that she held the rights to all property and that individual parishes were only acting as trustees of said property for the National Church.

"St. B's saw the handwriting on the wall many years ago, but tried her best to continue to function within TEC. In 2007 she looked at the TEC's track record of the previous years and decided that, since she would assuredly have to leave at some time that time might as well be now. At a parish meeting it was decided by a substantial majority to sever ties with TEC and become part of the Traditional Anglican Communion (TAC) which was a Continuing Church known for its outreach to those within and without the Canterbury Communion."

This action, of course, opened the floodgates of TEC's well-known strategy of litigation over settlement. St. B's has been embroiled in that litigation to the present time. Despite the fact that a representation from the Vestry has met with diocesan officials and some of the parties named in the suit have met with TEC counsel to attempt a settlement outside of court, these overtures have, to the present time, failed to bear any fruit. The national church is driving the majority of the litigation. The local TEC bishop has been more than a gentleman for his part with the diocese all but admitting that they have no real interest in the property. But the directives of the national church are to sue at all costs and make examples of all those who would attempt to leave her.

"The TAC has longed worked toward an arrangement of inter-communion with the Roman Church. This desire came to fruition with the publication of Pope Benedict's Apostolic Constitution, "Anglicanorum Coetibus," in November of last year. St. B's stands poised to take advantage of the generous offer provided by the Holy See and is prepared to finally enter into safe harbor where she will no longer be tossed on the rough seas of theological dissent."

Episcopal Bishop Joe Burnett of the Diocese of Nebraska said his attorneys for the Diocese have asked him to refrain from commenting on the litigation until after it is over.

END