Diocese, TEC parties file new motions for partial summary judgment

Today both the plaintiff TEC parties and the Diocese and defendant congregations filed Motions for Summary Judgment in the 141st District Court. The origial Motions were filed in December 2010, and the court’s January 2011 ruling was reversed by the Texas Supreme Court in August 2013, and the trial court was instructed to re-hear the case and render a ruling based on neutral principles of law. To that end, a hearing is now set for Feb. 20, 2015, before the Hon. John Chupp. Two more rounds of filings will be submitted to the court in the intervening weeks.

In his introduction to our filing, diocesan attorney Scott Brister writes,

From the outset of this litigation, the Plaintiffs’ lawsuit has been based not on equity but on wishful thinking and unfounded claims. The Plaintiffs filed suit claiming that a diocese cannot disaffiliate from TEC – even though not a single provision in TEC’s charters says so. The Plaintiffs insisted they represented the Corporation and the Diocese – but the Second Court of Appeals held that they did not. The Plaintiffs insisted that Texas courts follow the deference approach – but the Texas Supreme court held they do not. The Plaintiffs insisted that the Dennis Canon was irrevocable – but the Texas Supreme Court held it was not. Despite these repeated judicial rebukes, the Plaintiffs still assert every one of these claims to this day.

The following PDF documents have been submitted to the court.




Supporting documents

Diocese, Corporation,

and congregations

Second Motion for Summary Judgment

Agreed joint documents (to come)*



Affidavit of Bishop Iker



Affidavit of Chad Bates



Affidavit of Walter Virden III



Affidavit of Canon Koehler



Affidavit of Shelby Sharpe (to come)*




TEC parties

Second Motion for Summary Judgment

Thousands of pages of supporting documents were submitted to the court. It is impractical to attach them here.





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