Episcopal Press and News
CENTRAL NEW YORK: Diocese, congregation settle property dispute
Episcopal News Service. September 11, 2007 [091107-05]
Mary Frances Schjonberg
A court-approved settlement has been reached in property litigation brought by the Episcopal Diocese of Central New York and the Episcopal Church against the former rector and vestry of a parish of that diocese, St. Andrew's Episcopal Church in Syracuse.
The settlement, under which the real property of the parish will remain with the diocese, involved a dispute over the rector's and lay leadership's action to distance themselves from the diocese and the Episcopal Church.
While the diocese will retain ownership of the real property of St. Andrew's Church, members of the breakaway group can use the building rent-free for up to a year, according to the settlement. During that time no Anglican bishop may "visit or officiate or perform any Episcopal functions at the property now held by St. Andrew's Episcopal Church," the court order says.
The settlement was accepted August 28 by New York State Supreme Court Justice James Murphy and provides for St. Andrew's to be dissolved by order of the court by the end of the year. The breakaway members have 30 days to give legal title to all of the parish's property to the diocese under the terms of the settlement.
The diocese will lease the building to the breakaway members at no charge for six months. The lease can be extended at their request on a month-to-month basis, for a maximum of six months if the court finds that the members have complied with all terms and conditions of the settlement, including making good-faith efforts to relocate. The breakaway members have to maintain the property and insure it, and they cannot remove any Episcopal symbols or signs.
At the end of the lease, the breakaway congregation will vacate the building and the former rector, Robert Hackendorf, will leave the rectory.
The members were also ordered to account for the parish's financial assets, which can later be transferred to any new church formed after the dissolution of St. Andrew's. The settlement says those assets amount to less than $50,000.
The settlement also itemizes the possessions that are to be recognized as the property of the diocese. The remainder becomes the property of any new church that is formed. The settlement calls for the current St. Andrew's to be dissolved and for those people who are leaving the parish to form a new entity. Central New York Chancellor Paul Curtin said that provision was needed so clarify the legal status of St. Andrew's due to the method used originally to incorporate it under New York law.
Curtin said that many of St. Andrew's who do not agree with the parish leadership's decision had left for other Episcopal congregations in the Syracuse area. He said the diocese does not know if those people will want to "re-seed and start anew" after the settlement. "We're open to the opportunity," he said.
Curtin said he thought the settlement was a pastoral response that avoided "antagonistic and protracted" litigation that would not be good for anyone involved.
The chancellor said the diocese was saddened that some members of St. Andrew's had chosen to leave the Episcopal Church but acknowledged that the diocesan leadership felt it needed to respond in a Christian manner.
"Both the bishop and the leadership of the diocese wish those people well in their journey," he said.
The Diocese of Central New York includes about 22,000 members in 93 parishes from the Pennsylvania border to the St. Lawrence River and from Utica to Waterloo.