The Reverend Don Kroeger Writes to St. John's Fallbrook about This Week's Court Ruling

Full text of letter to his congregation from Fr. Don Kroeger, Rector St. John's Anglican Church, Fallbrook concerning this week's appellate court decision regarding the true corporation at time of departure from the Episcopal Diocese of San Diego.

I have added my own bold emphasis to an important section below.

October 22, 2008

Dear Brothers and Sisters in Christ:

As you may have heard, I am writing to let you know that yesterday the California Court of Appeal in San Diego issued its decision in our court case involving the overwhelming decision of your Vestry – supported by an overwhelming vote of our members – to end St. John’s affiliation with the Episcopal Church in 2006. Unfortunately, the Court reversed our trial court victory by finding that the Vestry’s actions were unauthorized by the Episcopal Church, and therefore the Court would simply defer to the Episcopal Church’s appointment of a new Episcopal Vestry to take their place. This puts the St. John’s decision in direct conflict with other California Court of Appeal decisions, dating back nearly 30 years, which have upheld the liberty of local church corporations to change their religious affiliations based on freedom of conscience.

The Court also went far beyond the narrow corporate legal issue in this case, and opined about the property dispute which is the subject of an entirely different lawsuit now frozen in the San Diego Superior Court pending the outcome of the California Supreme Court decision in the St. James, Newport Beach case. We are stunned that the Court of Appeal could not have waited another few weeks to be guided by the forthcoming decision in the St. James case.

Your clergy, Vestry and attorneys strongly believe that this division of this district of the Court of Appeal has erred. Instead of following neutral laws governing corporations and church property, the Court has essentially abdicated its role to an Episcopal bishop.

Given the ramifications for St. John’s and other local churches who have exercised their freedom of association, your Vestry has authorized St. John’s to pursue an appeal to the California Supreme Court. If we had not done this, we would have had to turn the church and its assets over to the Episcopal Church shortly after November 20th.

As we move forward, we must always keep our eyes on Jesus, following the guidance of the Holy Spirit. I encourage all of our members to be faithful in prayer for our Clergy, Vestry and Attorneys and their families as we face the days ahead. “The grace of the Lord Jesus Christ and the love of God and the fellowship of the Holy Spirit be with you all.” (2 Cor 14)

Yours in Christ Jesus,

Fr. Don Kroeger