Revised order a first step toward appeal

In a hearing today before the Hon. John Chupp, attorneys for the Diocese and Corporation persuaded him to grant all our objections to the Partial Summary Judgment orders he issued Jan. 21. As a result, The Episcopal Church authorities will not succeed in their efforts to force some 6,000 regular Sunday worshipers to vacate their churches any time in the near future - and perhaps never, depending on the results of an appeal of the case. As the appellate process proceeds, the Bishop, clergy, and elected lay leaders will continue to carry out their duties and ministries as in the past.

Responding to one of the most serious concerns raised in the objections, Judge Chupp said that he does not "want to see empty buildings." He added that in his original orders, all he intended to say was that "the Diocese should be holding property in trust for the national church."

Attorneys for both sides cooperated with the court in drafting a revised order which will be in effect until final a judgment is signed in March, after the judge returns from a medical leave of absence. Once the judgment is signed, the Diocese and Corporation will pursue their appeal. The judge agreed with attorneys for both sides that the case is ultimately bound for a ruling from the State Supreme Court of Texas.

The parties expect to return to the 141st District Court in about 30 days.

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Today’s revised order:

Amended Order on Summary Judgment

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