St. Paul's members give up property rather than fight

By Sue Nowicki
snowicki@modbee.com

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Retired pediatrician Doug Chadwick remembers the first service at St. Paul's Church when it opened in Modesto. It was raining on that Christmas Eve in 1971 and the parking lot was unpaved, "just part of a field. It was very muddy. One man guided us by flashlight, walking over boards so we can get in."

No one in that service could imagine that 37-plus years later, most of the congregation would walk away from the multimillion-dollar church on Oakdale Road just south of Briggsmore Avenue. But the split between Episcopals and Anglicans has grown so wide and litigious, Chadwick and others will do just that.

Their last service at St. Paul's will be held as usual two Sundays from now, on June 28. Their next service, on July 5, will be as Wellspring Anglican Church in the old J.S. West building in downtown Modesto.

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During that week, St. Paul's will become the first parish in the San Joaquin Diocese -- and one of the first self-incorporated parishes in the nation -- to willingly sign its property over to the Episcopal Church before a lawsuit has been filed. The church, which is 130 years old and has been at various locations in Modesto, predates the San Joaquin Diocese and owns its property free and clear.

"Our name's on the deed. It doesn't even have the name 'Episcopal' on the deed, and we paid for it," said the Rev. Michael McClenaghan, St. Paul's priest. "Not a dime came from the Episcopal Church, not even a dime from the diocese."

But national and state courts often have ruled this way: If a local church was once Episcopal and then leaves the national church to become Anglican -- a more conservative branch of the same worldwide body -- the property should revert to the Episcopal Church.

"We have been consistent on this point, which recently was upheld by the

California Supreme Court and in many other states," said Anne Rudig, director of communication for the Episcopal Church. "We believe that church property has been developed by past generations and is held in trust for future generations. It is our responsibility to uphold this belief."

She said the national church does not keep tabs on individual parishes, but confirmed it is "not common" for churches such as St. Paul's to simply leave property and begin a new congregation elsewhere. She declined to state how much money the denomination has spent on lawsuits in the past two years, though she pointed out that the overall finances of the church are available online.

Beyond the legal issues, McClenaghan said, is one he cares more strongly about -- a biblical passage in I Corinthians: "Can it be that there is no one among you wise enough to settle a dispute between the brothers, but brother goes to law against brother, and that before unbelievers? To have lawsuits at all with one another is already a defeat for you. Why not rather suffer wrong? Why not rather be defrauded?"

It's a clear message, McClenaghan said.

"At some point, we've got to grab on to something that God has to say and just be obedient to it. Our approach has been: They say they want (our property); they must need it more than we do.

"Our focus is not about the property. It's about ministry. We don't feel we have to have this property to accomplish what God has for us to do. They seem to feel that it's so critical, they're willing to sue hundreds of churches all over the country and spend millions of dollars to fight over property, when it shouldn't be that important."

Emotional ties

McClenaghan understands the emotional toll that leaving St. Paul's will have on his congregation. He grew up at St. Paul's. The current sanctuary was built when his father, the Rev. Malcolm McClenaghan, was the church's rector.