Thursday, April 30, 2009

Perhaps what we were thinking

but didn't have the gumption to say out loud. The Anglican Curmudgeon fisks Judge Lebous.
Here's a little taste:
For the latest example of such a judicial shortcut, see this decision by Judge Ferris Lebous in the lawsuit brought by the Diocese of Central New York against the Church of the Good Shepherd in Binghamton. Earlier, Judge Lebous granted summary adjudication to the Diocese on its claim to own by forfeit the parish's real and personal property after the parish voted to leave the Diocese. (Never mind that there were not enough parishioners remaining to allow the building to stay open; it's the principle of the thing, don't you understand? "People may leave, but buildings stay put, even if they are empty. We can always sell them---but not to those who left, you understand---and put the cash to good use in suing other parishes for their property.")

By granting summary adjudication, Judge Lebous necessarily found that there were no facts in dispute that needed a trial to sort them out. No, all was clear from the respective affidavits submitted on either side.

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