Christ Church will not receive a preliminary injunction that will allow it continued access to church funds at First Midwest Bank of Moline.
Rock Island County Circuit Judge James Mesich ruled Monday afternoon in favor of the Episcopal Church, from which Christ Church separated last fall along with the rest of the Diocese of Quincy.
Christ Church filed suit in Rock Island County Circuit Court against the Episcopal Church earlier this month in a dispute about who should have access to the church's account at First Midwest Bank of Moline.
The Episcopal Church had sent a letter to the bank in June, claiming it was the rightful owner of church assets. The bank froze the account, which prevented the members of Christ Church from withdrawing funds to pay bills, and restricted their access to the church property at 1717 8th Ave., Moline, the suit stated.
Mesich granted a temporary restraining order July 2, giving Christ Church access to the account for 10 days. From there, the church needed a preliminary injunction to maintain that access while seeking a permanent injunction.
Mesich said Christ Church had to show the Episcopal Church did not have implicit or explicit interest in the property in question, and Christ Church was unable to do that.
He noted that every court that reviewed the Episcopal canon law has ruled that funds like those at First Midwest Bank are held in trust for the Protestant Episcopal Church.
He said based on the evidence submitted, the plaintiffs have decided to no longer be a part of the Protestant Episcopal Church.
Last week, the attorneys involved in the case told Mesich that the Episcopal Church and the Diocese of Quincy are engaged in a legal dispute in Adams County, Ill., which could have some impact on church assets, including those disputed in the Rock Island case.
Tom Ewing, an attorney representing the Episcopal Church, said Monday he had not seen a copy of the judge's order yet and said he couldn't comment on what might happen next in the case before reading the ruling.
Efforts to reach attorneys for Christ Church were unsuccessful.
Posted in Local on Monday, July 13, 2009 8:30 pm | Tags: Christ Church, Preliminary Injunction, James Mesich, Episcopal Church, Diocese Of Quincy, First Midwest Bank, Tom Ewing
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