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Trust Clause Is Not Binding in California - California Supreme Court Lets Ruling In Favor Of Local Congregation Stand

From: Ed Ezaki [mailto:eezaki@kingsburgcommunitychurch.org]
Sent: Thursday, December 02, 2004 11:48 AM
To: ucmpage@ucmpage.org
Subject: Hi, John

OK, this is big—at least in California….

The California Supreme Court yesterday denied the CNUMC appeal of the appellate ruling in favor of St. Luke’s Community Church. That means that its over and St. Luke’s won. As I understand it, since the Supremes will not hear the appeal, the appellate ruling should be precedent setting for future cases. So right now, the deal is that in California, there is no such thing as an irrevocable trust, so local churches who make the trust, can un-make them. Apparently, it will take a short time for the original Superior Court judge to reverse the original ruling, but I predict a run for the exits, or at least a quiet and discreet movement towards removing the trust clause from title documents. I’m really curious to see whether some of the pro-gay congregations will bow out, too. I wonder how the Conference will go about enforcing loyalty now. It is fitting that Mel Talbert’s lasting legacy in CNUMC may be the end of the Conference.


Ed Ezaki

PS You can see the posting at http://www.courtinfo.ca.gov/courts/supreme/ under “Actions Taken in the Last Two Weeks”.

PPS Things are great at Kingsburg Community Church. And I am still grateful we got out early even though it cost us some big bucks. We’re actively looking for 10 acres for future expansion and our congregation had doubled to 400 over the last 6 years since the UMC. Warm regards to you and the other UMC refugees.

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