The Diocese of Central New York has sent a letter to the congregation of The Church of the Good Shepherd, who lost the recent lawsuit to keep their building. In that letter the diocese proposed to rent the buildings to the breakaway congregation. The letter from Paul J. Curtin, Jr., Chancellor states
I am writing to you in my capacity as Chancellor of the diocese of Central New York. I am in receipt of a Decision and Order of the Court dated January 8, 2009. The Court has ruled in favor of the Diocese with regard to the first three (3) causes of action.So we see that the congregation is not being kicked to the curb as many have suggested. The rent on the Church is proposed to be $1,000 per month or fraction thereof, as adjusted. For the rectory the rent is $1,500 or a fraction there as adjusted. The congregation will also be obligated for all upkeep and any damage as well as the usual utility bills.
More particularly, the Court has declared "that the legal title to all real and personal property of Good shepherd, including the church building and rectory rests with the Diocese and that the Diocese is entitled to immediate possession thereof: an Order directing Good Shepherd to
to deliver all real and personal property of Good Shepherd to the Diocese; and an Order directing Good Shepherd to account to the Diocese for all real and personal property of Good shepherd".
I have consulted with the leadership of the Diocese and have been directed to advise you, and turn, your clients as follows:
FIRST: The diocese requires that all books, records, accounts, ledgers, statements, band records, minutes of meetings and resolutions be prepared and deliver to its offices on or before Friday, January 16, 2009.
SECOND: That a complete inventory of all personal property not otherwise included in paragraph "First," above, be prepared and submitted to the Diocese at its offices on or before Friday, January 16, 2009. That inventory is to include, but not to be limited to all furniture, fixtures, equipment, mechanical devices, office supplies, kitchen equipment and related supplies, l vestments and all other tangible personal property located, now, or formerly, at the Church of the Good Shepherd.
THIRD: Conditioned upon the strict and complete compliance with the requirements of paragraphs "First" and "Second" hereinabove, the leadership of the Diocese is willing to allow the continued use and occupancy of the Church Building located at 74 Kendall Avenue, Binghamton, New York from the date hereof to no later than April 20, 2009, at which time the Rectory shall be vacated and possession shall be given to the Diocese of Central New York.
FOURTH: Conditioned upon the strict and complete compliance with the requirements of paragraphs "First" and "Second" hereinabove, the leadership of the Diocese is willing to allow the continued use and occupancy of the Rectory located at 78 Kendall Avenue, Binghamton, New York from the date hereof to no later than April 20, 2009, at which time the Rectory shall be vacated and possession shall be given to the Diocese of Central New York.
In either case, they have approximately six weeks to vacate or to agree to rent the building until the end of April. The diocese is not kicking them from the in the cold; it is granting them more than six weeks to make plans. Six weeks or eleven weeks - the decision is up to the departing congregation and its leaders.
If you would like to read the fax of the letter sent to CoGS, you'll find it over at one of the other sites to which I do not link. But, it's on two of them.
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