Settling Church Property Disputes in the Context of the Episcopal Church



Welcome to the Episcopal Church, Now Please Leave: An Analysis of the Supreme Court’s Approved Methods of Settling Church Property Disputes in the Context of the Episcopal Church and How Court’s Erroneously Ignore the Role of the Anglican Communion
R. Gregory Hyden, 44 Willamette L. Rev. 541 (2008)

This Article first explores the two approaches the Supreme Court has authorized for resolution of church property dispute cases. It will then critique the application of those approaches to the unique polity structure in the Episcopal Church and the Anglican Communion. The Article then reviews a selection of church dispute cases involving the Episcopal Church from around the country. Finally, the Article concludes with a new suggested framework for courts to consider when dealing with church property disputes that involve a church that is both hierarchical and congregational at both national and international levels.



3 Comments

  1. Robert Livingston
    Posted April 23, 2008 at 2:19 pm | Permalink

    So where can I find the text of the article? It’s not here and I cant find a link.

  2. ADF Alliance Alert
    Posted April 23, 2008 at 2:28 pm | Permalink

    The full text of the article is not available online unless you subscribe to Westlaw or Lexis. We post these abstracts, because a substantial percentage of Alliance Alert readers are lawyers. Most lawyers have Westlaw or Lexis access. If you are doing research and need assistance pulling the full text of the article, please feel free to request our help at: info@alliancealert.org

    Thanks.

  3. Sue Jenkins
    Posted April 29, 2008 at 4:50 am | Permalink

    Re: the Hyden article on church property disputes. I would be very interested in the abstract or the full article.
    Thank you.

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