I would bet that this sees a swift dismissal. I would also hope that the lawyers who filed this get fined for filing a frivolous lawsuit.

Trying to pry cash out of the claws of the lawyers? Good luck with that!

This has to be the ultimate proof of insanity: they want the opposing lawyers to hand over their fees. Can you say “snowball”, “chance” and “Hell”?

Definitely lost the plot. What next: asking the Queen to hand over the Crown Jewels because America won the War of Independence?

They should also sue the judge, the baliff, the court reporter, the janitor, the guy with the newstand in the courthouse, the clerk of the court and anyone who happens to attend any of the proceedings. They should also sue Benedict XVI for puttin’ idee’s in folks’ heads. Millions more wasted on attorneys’ fees. I guess the homeless and the hungry who are so helped by the Episcopos will have to go the cardboard box and dumpster routes, respectively, this Thanksgiving. What truly sorry people head up the gay cult, and that includes their “attorneys.”

There was a dispute. Both parties acted as if their side was the legally correct one. One side lost the argument in court. So the other side wants to go back and accuse them of acting in bad faith and essentially stealing the money? If this goes through, no lawyer will ever be able to represent anybody.

Interesting that the SC Supreme Court ruled against the Diocese having a trust established by the Dennis Canon. Apparently the State Courts of New York think differently.

Any lawyers out there want to explain how this could wind up in the Supreme Court?

What got me is the parish’s property was put in a trust in 1871. The Diocese had a hundred and thirty some-odd years to challenge the trust, but did not, until the parish decided to leave.

Not only “All the meat on the bone” but we’re going to boil the bones to get the marrow out!

This is not a new gig for TEC. They have already brought suit against the law firm that represents DSJ.

Doesn’t this grasping and unsympathetic behavior make you just want to rush out and join them, so they can trash you if you ever leave?

@Allen Lewis, two points. First, New York State names its state courts differently than most other states. The New York Supreme Court is the lowest level trial court — analogous to what would be called Superior Court or District Court in most other states. Second, this is only a complaint; it’s the plaintiffs’ view of the world, not a reflection of the court’s opinion.

Something like this happened in San Joaquin as well and I don’t believe there’s been a final adjudication there, although I believe that the lawyers have been cleared of the most serious charge, that they had conspired in fraudulent conversion of the diocese’s assets to their own benefit.

TEC would like to scare off lawyers from even representing departing parishes/dioceses.

Luckily judges are former lawyers and know that they have to make a living.

If you buy into the argument that a trust springs into life once the decision is made to leave TEC, then it follows the trust corpus, i.e. the assets of the congregation, belongs to the beneficiaries of the trust, i.e. TEC and the Diocese, and no one else. While I disagree with the Dennis Canon and its application by many courts, once a trust has been created, third parties may not deplete it. I’m interested in how the court will view post-separation–from TEC–giving to the congregation. Are these monies, given with the expectation that neither TEC nor the Diocese would be the recipient or beneficiary, to be awarded them nevertheless?

BTW, TEC was about $6.5M over the GC03 and GC06 budgets in legal expenses. This calendar year TEC is already about $1.6M over budget.

Share the love.

“They should also sue the judge, the baliff, the court reporter, the janitor, the guy with the newstand in the courthouse, the clerk of the court and anyone who happens to attend any of the proceedings. They should also sue Benedict XVI for puttin’ idee’s in folks’ heads.”

Don, don’t give TEC’s lawyers any more ideas.

Fuinseoig

‘This has to be the ultimate proof of insanity: they want the opposing lawyers to hand over their fees. Can you say “snowball”, “chance” and “Hell”?’

Might I suggest the use of the verb “squeeze” with the nouns “blood” and “turnip”?

Let’s face it, ccinnova: TEO will eventually start suing absolutely EVERYBODY with the most tenuous possible connections to anybody they’re out to get, even throughout society!! Maybe whole counties, cities and eventually states, regions, provinces (whatever you care to name) if not whole countries will be so hit…

This is going so quickly to the absurd as to potentially herald the “collapse of society” that Joseph Farah has been warning us about on WorldNetDaily news!! Is this the beginning of the end – in another way! – of Western civilisation?? Is this going to be how the 2nd horseman of the Apocalypse is going to strike us all? I pray that I’ll be dead (assuming there’s no “rapture”) before this all comes for me…

Catholics listen to Benedict, the TEO listens to Benjamins

It’s called hardball. I am not surprised.

RL –

Thanks for the explanation. I was merely trying to point out that the Supreme Court of SC rejected the Dennis Canon argument in toto. I was wondering if the highest court in New York State had ruled on the matter. Obviously the lower court ruled in TEC’s favor regarding the Dennis Canon and the “implied trust” fiction that TEC came up with.