Michael Virtanen, Associated Press (October 23, 2008):
ALBANY, N.Y. – In a property dispute stemming from the national Episcopal rift over the ordination of a gay bishop, New York’s top court ruled Thursday that the Rochester Diocese can keep the building once occupied by the breakaway All Saints Anglican Church.
Trial and midlevel appeals courts sided with the diocese, concluding it was entitled to the property under the rules of the church. The Court of Appeals agreed unanimously Thursday, saying All Saints had agreed years earlier to abide by a trust agreement covering ownership of the property.
With about 100 similar cases in courts around the country, diocese attorney Thomas Smith has said this appeared to be the first to reach a state’s top court.