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BISHOP AND DIOCESE OF COLORADO v. MOTE

No. 80CA0406.

668 P.2d 948 (1983)

The BISHOP AND DIOCESE OF COLORADO, a Colorado non-profit corporation, the Reverend Charles Larry Day, Allen Uyeda, Robert Douglass, H. David Huskin, Harry Thom, John Brown, Joseph Esch, Carla Parnell, Mildred Mullenax, John Helmore, Otis Drury, Marian Lattimore, as members of the Vestry of the Episcopal Parish of St. Mary's, the Episcopal Parish of St. Mary's, and Episcopal Church of St. Mary, Plaintiffs-Appellees, v. The Reverend James O. MOTE, John Archibold, Marvin Olsen, John Brainerd, Wayne Gill, Chris Woodbury, Richard Atchison, Charles Buell, Rick Hill, Walter Kulp, James Lucero, Lorne Scofield, and Saint Mary's Church, a Colorado non-profit corporation, Defendants-Appellants.

Colorado Court of Appeals, Div. III.

Rehearing Denied February 24, 1983.

Certiorari Granted August 22, 1983.

Attorney(s) appearing for the Case

Fishman, Geman, Gersh & Bursiek, P.C., Miles M. Gersh, Holland & Hart, Denver, for plaintiffs-appellees.

Skelton, Oviatt & O'Dell, Forrest C. O'Dell, Wheat Ridge, for defendants-appellants.

John E. Archibold, Denver, defendant-appellant pro se.

BERMAN, Judge.

This is an appeal from a judgment granting legal title to St. Mary's Church to the minority of its members upon a split of the parish. We reverse.

St. Mary's Church was established as a mission within the Protestant Episcopal Church of the United States of America (Episcopal Church) in the early 1930's, and was incorporated under the laws of the State of Colorado in 1934. Twenty years later the mission of St. Mary's sought and obtained parish...

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