Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of April 2, 2018.

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

The Episcopal Church v. Salazar, No. 02-15-00220-CV (Apr. 5, 2018) (Sudderth, C.J.; Gabriel, J., concurs without opinion).

Held:  Based on the determination by the Supreme Court of Texas in Masterson v. Diocese of Nw. Tex., 422 S.W.3d 594, 608 (Tex. 2013), cert. denied, 135 S. Ct. 435 (2014), that the Episcopal Church is a hierarchical church, and based on binding U.S. Supreme Court precedent addressing how to analyze these matters involving a hierarchical church, the group designated by the Episcopal Church as its local affiliate holds equitable title to the property identified in the 1947 deed as held in trust for “the use and benefit of the Protestant Episcopal Church, within the territorial limits of what is now known as the Diocese of Dallas, in the State of Texas,” and this property was not adversely possessed by Appellees because their possession did not become adverse until disaffiliation from the Episcopal Church in 2008.  The same group affiliated with the Episcopal Church also constitutes the board of trustees of the Corporation of the Episcopal Diocese of Fort Worth because that entity’s bylaws and articles of incorporation were amended before the 2008 disaffiliation, at a time when there was only one “body now known as the Episcopal Diocese of Fort Worth” from which board members could be drawn either from lay persons in good standing in a parish or mission or members of the clergy canonically resident therein.  Under Texas law, the Dennis Canon did not impose a trust on diocesan property in favor of the Episcopal Church, and the Corporation holds title to the property identified in the 1950 deed.