News From the Front: Grace Church & St. Stevens (Colorado) Going to Trial

Looking to the western front in the TEO Litigation Wars, we find good news coming from the Colorado litigation between Grace Church & St. Stevens and the Diocese of Colorado.  In a May 13, 2008, Order, Judge Larry Schwartz found that there are so many factual disputes in the case that there can be no decisions as a "matter of law" and that the case will go to trial.  The case may also be bifurcated between issues of status of the parties and property ownership, which will be tried to the Court, and damages claims, which will be tried by a jury.  Judge Schwartz also affirmed that the case will be decided under "neutral principles of law," which also must be considered a favorable ruling for the church.

Judge Schwartz gives little indication of how he may ultimately rule on the many issues.  It is, however, encouraging that he did not summarily rule, as a matter of law, in behalf of DioColo.  Between this case and rulings in the Virginia Eleven case, is the litigation worm turning?  I don't know - it is too early to tell, not to mention that I have seen and experienced many cases where one side appears to be winning all the preliminary issues only to lose in the end, and one wonders if the Judge wasn't giving them every break because he/she thought the outcome might be such.  The point?  Enjoy the small victories when you can but do not let them set you up for a fall at the end - stay hungry and stay strong.

The bigger question to me is whether a few setbacks might cause TEO to re-think its litigation strategy.  It strikes me that so far TEO has operated under the assumption that its Dennis Canon claims are rock-solid and that they cannot lose.  Now, between the presentment memo about the P.O., her multiple episodes of embarrassment and misleading the HOB, and a few courtroom losses, one has to wonder when certain factions of the HOB will take a long step back from TEO's present course?  This speculation is further fueled by the belief that the presentment memo was commissioned by Bishops and clergy who want the P.o. out as P.B. so that they can themselves seek the office, sooner rather than later.  As I have said before, stay tuned.

A tip o' my kepi to Greg Griffith at Stand Firm for sharing the Colorado story and a copy of the Judge's Order.