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PROTESTANT EPISCOPAL CHURCH v. GRAVES

167 N.J. Super. 563 (1979)

401 A.2d 548

THE PROTESTANT EPISCOPAL CHURCH IN THE DIOCESE OF NEW JERSEY, THE TRUSTEES OF CHURCH PROPERTY OF THE DIOCESE OF NEW JERSEY, AND THE RIGHT REVEREND ALBERT W. VAN DUZER, PLAINTIFFS-RESPONDENTS, v. THE REVEREND STANWOOD E. GRAVES, DONALD S. MOORE, CAROLYN B. LORINCZ, GEORGE ROUSSEAU, ALPHEUS OAKES, WILLIAM E. VACTOR, SR., MICHAEL BROWN, JOANNA CHILD, JOHN HOOK, GORDON GRISWOLD, HOWARD OAKLEY, WALTER K. SMITH, CHARLES CURTIS, ARNOLD GARDNER, AND THE RECTOR WARDENS AND VESTRYMEN OF SAINT STEPHEN'S PARISH OF PLAINFIELD, NEW JERSEY, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided April 27, 1979.

Attorney(s) appearing for the Case

Mr. Daniel J. Matyola (Messrs. Wharton, Stewart & Davis, attorneys), and Mr. William B. Ball of the Pennsylvania Bar, admitted pro hac vice (Messrs. Ball & Skelly, attorneys), argued the cause for appellants (Mr. Philip J. Murren, on the brief).

Mr. John Wood Goldsack argued the cause for respondents (Messrs. King, King and Goldsack, attorneys).

Before Judges MATTHEWS, KOLE and MILMED.

PER CURIAM.

We affirm the judgment of the chancery division for the reasons expressed by Judge Ackerman in his opinion which is reported in 161 N.J.Super. 230.

When reduced to its simplest terms, the argument of defendants would have us base our ultimate determination of this case on a finding that they were justified in "leaving" the church as represented by plaintiffs...

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