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Fate of disputed church unresolved

Battle over the ownership of the historic 40 Fifth St. church will resume on Dec. 2

Published: Thursday, July 31, 2008 at 3:00 a.m.
Last Modified: Wednesday, July 30, 2008 at 1:37 p.m.

The legal dispute over the ownership of the historic church at 40 Fifth St. in Petaluma will be resumed on Dec. 2, and could be resolved by rulings on similar cases in Southern California.

This tentative ruling was announced Monday by Sonoma County Superior Court Judge Lloyd von der Mehden.

The Petaluma church is now occupied by St. John’s Anglican Church, consisting of the vast majority of members that comprised St. John’s Episcopal Church who voted on Dec. 17, 2006 to sever relations with the Episcopal Church and local diocese over moral issues. This congregation particularly opposed gays and lesbians serving in positions of church leadership.

This congregation renamed itself St. John’s Anglican Church, and claimed ownership of the church building.

Several members of the congregation who did not want to split with the Episcopal Church and diocese began worshiping in homes, and now gather weekly — under the leadership of the Rev. Norman Cram, the rector of St. John’s from 1995 to 1999 — at Elim Lutheran Church as the St. John’s Episcopal Church community.

The Episcopal Church Diocese of Northern California made a settlement offer for the property at 40 Fifth St., but St. John’s Anglican Church rejected it. The diocese filed a lawsuit in Sonoma County Superior Court on Feb. 4, seeking the return of the property.

“We are certainly mindful of the apostolic admonition to all Christians to keep their grievances against each other out of secular courts,” wrote Bishop Barry Beisner of the diocese in a letter. “From the time we were made aware of these actions, this has been our desire and it has informed our responses.

“In many ways, having to take this step does indeed feel like a defeat for the Church.”

(Contact Dan Johnson at dan.johnson@argus courier.com)

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