February 25, 2010

Calvary Decision Appeal

Deposed Episcopal bishop Robert Duncan and his fellow defendants in the Calvary lawsuit filed a notice of appeal today. This fact was acknowledged in a story on the Web site of the Episcopal Diocese of Pittsburgh:
Attorneys representing the former leaders of this diocese are seeking to appeal the decision of the Court of Common Pleas of Allegheny County that determined the rightful trustee of diocesan assets to be the continuing Episcopal Diocese of Pittsburgh of the Episcopal Church in the United States, which is currently led by Bishop Kenneth L. Price, Jr.
In its statement, the diocese expressed disappointment, though not surprise at this development and ended with the following paragraph:
The parties agreed in the 2005 Stipulation that “their claims in this action have been settled and resolved” and Judge James has ruled the Stipulation means what it says. We will continue to enforce the 2005 agreement, and will respond with an appropriate defense within the courts.
Curiously, though not surprisingly, no statement issued from the Anglican Diocese of Pittsburgh, which maintains Web sites here and here. The latter site was created last October, seemingly for the sole purpose of publicizing the fact that defendants intended to appeal the decision to award diocesan property to the Episcopal Diocese. Official notice of that appeal was filed only today.

The notice of appeal indicates that the Commonwealth Court of Pennsylvania is being asked to review Common Pleas Court decisions and orders dating from January 29, 2010, all the way back to May 8, 2007. It contains no indication of the basis on which the appeal is being made. My understanding is that the appeal may be rejected as untimely, but we shall see.

Meanwhile, the transfer of assets from the control of Archbishop Duncan to that of the Episcopal Church continues apace.


  1. I think it is revealing that there has been no restraining order. Did the "Anglican" diocese even attempt to ask for one?

  2. Paul,

    I pretty much wrote everything I know. I do not know the answer to your question.


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