St Paul Parish Suit Dismissed Judge Says Court Lacks Jurisdiction, by Jean Prescott, Sun Herald, March 7, 2008

St. Paul Parish Suit Dismissed
Judge Says Court Lacks Jurisdiction

By Jean Prescott
Sun Herald
March 7, 2008

http://www.sunherald.com/278/story/417318.html

Judge Thomas L. Zebert this week dismissed the lawsuit filed by 157 members of the former St. Paul Catholic Parish against the Diocese of Biloxi, Bishop Thomas J. Rodi and the Rev. Dennis Carver, citing, among other points, excessive entanglement.

Eric Wooten, attorney for 156 of the 157 plaintiffs, issued a news release Thursday afternoon saying he had already filed an appeal with the Mississippi Supreme Court.

Austin Wooten sits under the Our Lady of Guadalupe Shrine after an informal service at St. Paul's Catholic Church in Pass Christian.
Photo by Tim Isbell

Shirley Henderson, speaking for the Diocese, said: "We are pleased to learn that the court ruled in favor of the church's motion to dismiss. In its decision the court ruled that it lacks jurisdiction to consider this church dispute.

"This has been a very emotional and heart-wrenching situation. As we look forward to celebrating the Resurrection of Jesus at Easter and the foundation of the church at Pentecost, we pray for a new unity and growth in the church family, especially at Holy Family Parish."

Zebert signed the judgment Feb. 27; orders were issued Thursday.

Plaintiffs have insisted their case is grounded on two points, whether the diocese holds in trust for them all the property that was St. Paul Parish, and whether Carver and Rodi have the right to dispose of donations to rebuild the church as they see fit.

In his judgment Zebert declares that in order for the court to decide whether there was a breach of fiduciary duty - in other words, whether the bishop has mismanaged the property to the detriment of the plaintiffs - the court would have to evaluate not only the church's beliefs and laws, but also the standard of care that should be followed by other priests and bishops.

"Such determination would undoubtedly cause excessive entanglement with the church," Zebert wrote. "As such, plaintiffs' claims are beyond this court's subject matter jurisdiction, and the defendants' motion to dismiss is granted."

Zebert wrote he is sympathetic with both sides, and he acknowledges the gravity of concern of all parties involved.

But The Code of Canon Law, which governs the Catholic Church, is "well settled law," he said, and it appears canon law was followed in the diocese's decisions to make the choices it did after Hurricane Katrina.

Zebert returned repeatedly to the matter of canon law vs. civil law and to the constitutional separation of church and state.

In his 17-page judgment he wrote that his decision to grant defendants' motion to dismiss was in part because, contrary to plaintiffs' contention, "Their lawsuit does not involve a property ownership dispute," because St. Paul Catholic Parish ceased to exist more than a year before the suit was filed.