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(Cite As: 290 F.3D 699) © 2009 Thomson Reuters/West. No Claim To 290 F.3d 699 Page 1 290 F.3d 699 (Cite as: 290 F.3d 699) Diocese of Maryland (retired); Ronald H. Haines, United States Court of Appeals, Right Reverend, Bishop of the Diocese of Washing- Fourth Circuit. ton (retired), Amici Curiae. Jane Holmes DIXON, Plaintiff-Appellee, No. 01-2337. v. Samuel L. EDWARDS; The Vestry of St. John's Par- Argued Jan. 24, 2002. ish, Defendants-Appellants. Decided May 22, 2002. Jack Leo Iker , Right Reverend, Bishop of the Epis- copal Diocese of Fort Worth; Robert Duncan, Right In action by bishop against priest and vestry, seeking Reverend, Bishop of the Episcopal Diocese of Pitts- declaration that priest was not rector of parish, and burgh; Peter James Lee, Right Reverend, Bishop of seeking control over parish property and right to con- the Episcopal Diocese of Virginia; Neff Powell, duct religious duties, the United States District Court Right Reverend, Bishop of the Diocese of South- for the District of Maryland, 172 F.Supp.2d 702, Peter western Virginia; Robert W. Ihloff, Right Reverend, J. Messitte, J., granted bishop's motion for summary Bishop of the Diocese of Maryland; John Rabb, Right judgment. Defendants appealed. The Court of Ap- Reverend, Suffragan Bishop of the Diocese of Mary- peals, King , Circuit Judge, held that: (1) court was land; Clifton Daniel, 3rd, Right Reverend, Bishop of required to defer to bishop's decision; (2) modified the Diocese of East Carolina; Michael B. Curry, injunction did not infringe on priest's First Amend- Right Reverend, Bishop of the Diocese of North Car- ment rights; and (3) “buffer zone” established by olina; J. Gary Gloster, Right Reverend, Suffragan modified injunction required remand for further con- Bishop of the Diocese of North Carolina; James A. sideration. Kelsey, Right Reverend, Bishop of the Diocese of Northern Michigan; Carolyn Tanner Irish, Right Re- Affirmed in part and remanded in part. verend, Bishop of the Diocese of Utah; Orris G. Walker, Jr., Right Reverend, Bishop of the Diocese of Long Island; Charles E. Bennison, Jr., Right Rev- West Headnotes erend, Bishop of the Diocese of Pennsylvania; Wil- liam E. Swing, Right Reverend, Bishop of the Dio- [1] Federal Courts 170B 776 cese of California; J. Jon Bruno, Right Reverend, Bishop of the Diocese of Los Angeles; Chester L. 170B Federal Courts Talton, Right Reverend, Suffragan Bishop of the 170BVIII Courts of Appeals Diocese of Los Angeles; Robert M. Anderson, Right 170BVIII(K) Scope, Standards, and Extent Reverend, Bishop Assistant of the Diocese of Los 170BVIII(K)1 In General Angeles; Robert L. Ladehoff, Right Reverend, Bi- 170Bk776 k. Trial De Novo. Most shop of the Diocese of Oregon; William Otis Gregg, Cited Cases Right Reverend, Bishop of the Diocese of Eastern Court of Appeals reviews an award of summary Oregon; Vincent W. Warner, Right Reverend, Bishop judgment de novo, employing the same standards as of the Diocese of Olympia; James Edward Waggon- the district court. er, Right Reverend, Bishop of the Diocese of Spo- kane; Harry B. Bainbridge, III, Right Reverend, Bi- [2] Federal Courts 170B 802 shop of the Diocese of Idaho; Katharine Jefferts Schori, Right Reverend, Bishop of the Diocese of 170B Federal Courts Nevada; Richard S.O. Chang, Right Reverend, Bi- 170BVIII Courts of Appeals shop of the Diocese of Hawaii; Allen L. Bartlett, Jr., 170BVIII(K) Scope, Standards, and Extent Right Reverend, Bishop of the Diocese of Pennsyl- 170BVIII(K)3 Presumptions vania (retired); James W. Montgomery, Right Rever- 170Bk802 k. Summary Judgment. Most end, Bishop of the Diocese of Chicago (retired); Cited Cases Theodore Eastman, Right Reverend, Bishop of the At the summary judgment stage, Court of Appeals © 2009 Thomson Reuters/West. No Claim to Orig. US Gov. Works. 290 F.3d 699 Page 2 290 F.3d 699 (Cite as: 290 F.3d 699) views the underlying facts of a case in the light most favorable to the non-moving party. 212 Injunction 212V Permanent Injunction and Other Relief [3] Federal Courts 170B 373 212k189 k. Nature and Scope of Relief. Most Cited Cases 170B Federal Courts When a district court grants an injunction, the scope 170BVI State Laws as Rules of Decision of such relief rests within its sound discretion. 170BVI(A) In General 170Bk373 k. Substance or Procedure; De- [6] Federal Courts 170B 817 terminativeness. Most Cited Cases In a diversity case, Court of Appeals applies same 170B Federal Courts substantive principles a state civil court would utilize, 170BVIII Courts of Appeals but adheres to federal procedural principles. 170BVIII(K) Scope, Standards, and Extent 170BVIII(K)4 Discretion of Lower Court [4] Federal Courts 170B 776 170Bk817 k. Parties; Pleading. Most Cited Cases 170B Federal Courts Court of Appeals must sustain a district court's de- 170BVIII Courts of Appeals termination of whether a party is “necessary” unless 170BVIII(K) Scope, Standards, and Extent the court abused its discretion in making such a find- 170BVIII(K)1 In General ing. Fed.Rules Civ.Proc.Rule 19, 28 U.S.C.A . 170Bk776 k. Trial De Novo. Most Cited Cases [7] Federal Courts 170B 341 Federal Courts 170B 813 170B Federal Courts 170BV Amount or Value in Controversy Affect- 170B Federal Courts ing Jurisdiction 170BVIII Courts of Appeals 170Bk340 Particular Cases, Claim or Value 170BVIII(K) Scope, Standards, and Extent 170Bk341 k. Contract and Tort Claims. 170BVIII(K)4 Discretion of Lower Court Most Cited Cases 170Bk813 k. Allowance of Remedy In complaint by bishop seeking declaration that con- and Matters of Procedure in General. Most Cited tract between priest and vestry was null and void, Cases amount in controversy satisfied monetary require- ment for diversity jurisdiction; monetary value of priest's contract was worth more than $75,000. Federal Courts 170B 862 [8] Federal Courts 170B 336.1 170B Federal Courts 170BVIII Courts of Appeals 170BVIII(K) Scope, Standards, and Extent 170B Federal Courts 170BVIII(K)5 Questions of Fact, Verdicts 170BV Amount or Value in Controversy Affect- and Findings ing Jurisdiction 170Bk855 Particular Actions and Pro- 170Bk336 Matter in Dispute and Amount or ceedings, Verdicts and Findings Value Claimed or Involved 170Bk862 k. Equity in General and 170Bk336.1 k. In General. Most Cited Cas- Injunction. Most Cited Cases es Court of Appeals reviews a district court's award of The test for determining the amount in controversy in equitable relief for abuse of discretion, accepting the a diversity proceeding is the pecuniary result to either court's factual findings absent clear error, while ex- party which a judgment would produce. amining issues of law de novo. [9] Federal Civil Procedure 170A 103.2 [5] Injunction 212 189 © 2009 Thomson Reuters/West. No Claim to Orig. US Gov. Works. 290 F.3d 699 Page 3 290 F.3d 699 (Cite as: 290 F.3d 699) 170A Federal Civil Procedure tract between priest and vestry was null and void, 170AII Parties bishop had standing to pursue her claims; bishop had 170AII(A) In General a legally protectable interest in the authority of her 170Ak103.1 Standing office, bishop was threatened with liability for civil 170Ak103.2 k. In General; Injury or and criminal trespass and was denied right to carry Interest. Most Cited Cases out her function as bishop, her injuries were fairly traceable to actions of priest and vestry, and a deci- Federal Civil Procedure 170A 103.3 sion in her favor was fully capable of redressing her injuries. 170A Federal Civil Procedure 170AII Parties [12] Declaratory Judgment 118A 295 170AII(A) In General 170Ak103.1 Standing 118A Declaratory Judgment 170Ak103.3 k. Causation; Redressabil- 118AIII Proceedings ity. Most Cited Cases 118AIII(C) Parties To have standing to pursue her claims, a complainant 118Ak293 Necessary and Indispensable must show (1) that she has suffered an injury in fact, Parties i.e., an invasion of a legally protected interest which 118Ak295 k. Contracts. Most Cited is (a) concrete and particularized, and (b) actual or Cases imminent, not conjectural or hypothetical, (2) her Diocese was not a necessary party, in bishop's action injuries must be fairly traceable to the actions of the against priest and vestry seeking to declare priest's defendants, rather than the result of actions by some contract with vestry null and void, and seeking con- independent third party not before the court, and (3) trol of parish property; injunction gave bishop com- it must be likely, as opposed to merely speculative, plete relief regardless of resolution of question of that her injuries will be redressed by a favorable deci- who owned the property, and no substantial risk of sion. inconsistent judgments was presented in that diocese advised district court that bishop adequately repre- [10] Federal Civil Procedure 170A 103.2 sented its interests. Fed.Rules Civ.Proc.Rule 19, 28 U.S.C.A . 170A Federal Civil Procedure 170AII Parties [13] Constitutional Law 92 1328 170AII(A) In General 170Ak103.1 Standing 92 Constitutional Law 170Ak103.2 k. In General; Injury or 92XIII Freedom of Religion and Conscience Interest. Most Cited Cases 92XIII(B) Particular Issues and Applications For purposes of determining whether a complainant 92k1327 Religious Organizations in Gen- has standing to bring suit, a threat of liability for civil eral or criminal trespass constitutes the type of injury that 92k1328 k. In General. Most Cited is both “concrete and particularized,” and “actual or Cases imminent.” (Formerly 92k84.5(7.1)) [11] Declaratory Judgment 118A 301 Constitutional Law 92 1331 118A Declaratory Judgment 92 Constitutional Law 118AIII Proceedings 92XIII Freedom of Religion and Conscience 118AIII(C) Parties 92XIII(B) Particular Issues and Applications 118Ak299 Proper Parties 92k1327 Religious Organizations in Gen- 118Ak301 k. Contracts. Most Cited eral Cases 92k1331 k.
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