The Watcher Cat

The Watcher Cat

Tuesday, October 6, 2009

Duncan Demarche Deux

It's only a trial court ruling, but it's well reasoned and thorough: Robert Duncan and his ersatz Diocese lose the property.

I say it's well-reasoned, because the notion that the departure of a diocese's leadership could extinguish the pre-extant denomination's diocese defined by its membership in the denomination is an extremely weak contention under neutral principles of law. (It's like a franchise holder claiming not just the right to open his own burger joint, but to exclude the corporate parent from which he is defecting from his territory under the original franchise agreement).

I still believe we should look for a better way than litigation, but as a First Amendment scholar, as well as a mmeber of TEC, I am glad to see the majority of decisions actually following the law.

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