Judge James Mesich said he will rule by Monday on whether to grant a preliminary injunction that would allow Christ Church of Moline to retain access to its bank account.
Last week, the church filed suit in Rock Island County Circuit Court against the Episcopal Church, which it split from in January, in a dispute about who should have access to the church's account at First Midwest Bank of Moline.
The disagreement began when the Episcopal Church sent a letter to the bank in June claiming it was the rightful owner of church assets and the bank decided to freeze the account, which prevented the members of Christ Church from withdrawing funds to pay bills and restricted their access to the church property at 1717 8th Ave., Moline, the suit stated.
After the suit was filed, a temporary restraining order was issued by the judge July 2, giving Christ Church access to the account for 10 days. He's now deciding whether to grant a preliminary injunction to the church before later issuing a permanent ruling.
Attorneys involved in the case told Mesich that the Episcopal Church and the Diocese of Quincy, which split from the church last fall, are now engaged in a legal dispute in Adams County, Ill., which could have some impact on church assets, including those disputed in the Rock Island case. That suit is in the early stages.
At Thursday's hearing, Mesich heard testimony from Stephen Dembosky, the manager of the church's account at First Midwest Bank, as well as past and current members of the church.
Dembosky testified that the bank froze the account as a conservative step because there was a legal dispute presented.
Ron Harroun, who remained with Christ Church after the split, said he made two withdrawals from the church's account of $11,000 and $20,000 in recent months to pay bills. He said without access to the account they don't make enough money through pledge donations and other gifts to pay all of the church's bills.
Brenda Spencer, a church member who now attends All Saints Episcopal Church at a rented location, said that church, which includes 99 percent of those who left Christ Church, survives on gifts and contributions alone. They contend that all church assets still belong to the Episcopal Church.
Spencer said when members of Christ Church voted Jan. 25, they failed to reach the margin needed to prompt the church to re-align with Episcopalians. The 80-59 vote to re-align did not reach the super-majority threshold of 66 percent that was required for change.
All Saints began its services in early February, in contrast to others in the Illinois Quad-Cities that continued to follow the Anglican Province of the Southern Cone, based in Argentina.
Attorney Dan Churchill, a member of Christ Church and its attorney, argued there was no state case law or legal ground for the Episcopal Church to use in its attempts to seize the funds. He said unlike other cases where parishes have split from a larger church body, in this case it was the entire diocese. He described the defendant's actions as a "theft."
Attorney Adam Chud, who represents the Episcopal Church, said if the court does not freeze the account while the case in Adams County is pending, money will continue to "drip" out of the account at First Midwest Bank.
The judge questioned why the Episcopal Church waited six months to go after the church assets. He told Chud the defense's argument would have been stronger if they filed their challenge the day after the vote in January.
Chud said churches don't operate like commercial property owners. They don't "run into court the next day."
Mesich said the facts of split will not weigh into his decision.
"I'm not interested in the dispute within the church itself," he said. "I don't think I can address that at all."
Property disputes are happening across the country between the Episcopal Church in the United States of America, or ECUSA, and the breakaway churches, like those that include the Illinois side of the Quad-Cities.
Appellate courts have ruled that property should remain with the larger church body, or ECUSA, in California and New York. But in Virginia, which has complicated property statutes stemming from the Civil War, a circuit court judge ruled in favor of the dissident churches.
(Staff writer Deirdre Cox Baker contributed to this story.)
Posted in Local on Thursday, July 9, 2009 8:10 pm Updated: 8:12 pm. | Tags: James Mesich, Rock Island County Circuit Court, Episcopal Church, Christ Church, Diocese Of Quincy, Stephen Dembosky, Ron Harroun, Brenda Spencer, Anglican Province Of The Southern Cone, Dan Churchill, Adam Chud, Episcopal Church In The United States Of America,
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