Episcopal Press and News
Settlement Affirms Diocesan Actions
Episcopal News Service. April 30, 1987 [87097]
Barbara Benedict, Diocese of Colorado
DENVER (DPS, April 70) -- A settlement has been reached in the St. Mark's Parish case here almost exactly three years after the dispute arose, and in terms that appear to affirm the Diocese of Colorado.
In April 1984, the then-rector of St. Mark's, the Rev. Louis Tarsitano, and some members of the congregation refused Bishop William C. Frey's request that the parish ask annual permission to continue use of the 1928 Prayer Book and that the 1979 lectionary be used. Asserting that these actions could only be interpreted as a refusal to accede to the national and diocesan Constitution and Canons, and that the "rector and vestry have apparently been pursuing a path designed to lead the parish out of the Episcopal Church," Frey dissolved the parish, reconstituting it as a mission, under direct diocesan authority.
Since then, a portion of the congregation (which remained in the Church building here,) the mission (which has been worshipping in St. Martin's Chapel of St. John's Cathedral, using the 1928 Prayer Book) with explicit approval and with the 1979 lectionary) and the Diocese have been involved in a complicated series of lawsuits. In one of these, the Supreme Court of the United States refused to review a decision supporting the diocese's right to dissolve the parish. The recently settled case had been scheduled to come to trial in Denver District Court April 20, but a settlement was worked out April 15 following series of negotiations between the Rev. Cyril Coverley, canon administrator for the Diocese; Robert T. Booms, diocesan vice chancellor; and attorneys for St. Mark's Parish and St. Mark's Investment Corporation.
Under the terms of the agreement, the mission (through the Diocese) will regain possession of the historic church building, although the other congregation may lease the property until Aug. 31, 1987, for a net monthly rent of $1,000. All personal property shall come to the diocese/mission, except for items acquired after April 30, 1984, (unless the donor was unaware the parish had been divided.) The diocese/mission will also receive approximately $127,000 from St. Mark's Investment Corporation ($72,000 of which is the amount the church borrowed from the corporation before the funds were placed in escrow in Denver District Court), while the other congregation will retain an amount in excess of $50,000, plus a residence.
According to the settlement, the congregation may retain its corporate entity and name, "St. Mark's Parish of Denver, Colorado" unless the Diocese decides to incorporate St. Mark's Mission under a similar name and Colorado's Secretary of State gives primacy to the diocese. Furthermore, "St Mark's Parish" is not allowed to represent itself as an Episcopal Church.
In both the history and outcome, there are parallels between the Colorado case and one earlier this year that was settled in favor of the Diocese of Oklahoma over St. Michael's congregation in Broken, Arrow, Okla. There, the case was settled in favor of the diocese after strong commentary by the trial judge. The Oklahoma case generated national publicity because the dissidents sought to place themselves under the aegis of Bishop Graham Leonard of London to the extreme displeasure of both the U.S. and British Houses of Bishops. John Pasco, the deposed, former rector of the Oklahoma group, has reportedly traveled to Denver for consultations with the dissidents there. There also has allegedly been some contact between the Coloradans and Leonard.