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AD HOC COMMITTEE OF PARISHIONERS v. REISS

Nos. 1 CA-CV 08-0360, 1 CA-CV 09-0079.

224 P.3d 1002 (2010)

AD HOC COMMITTEE OF PARISHIONERS OF OUR LADY OF The SUN CATHOLIC CHURCH, INC., Plaintiff/Appellant-Cross Appellee, v. Peter Wheeler REISS and Carma B. Reiss, husband and wife; Peter Wheeler Reiss, Jr. and Lisa Reiss, husband and wife; Art Spina and Ruth Allen aka Ruth Allen Schwichtenberg, Defendants/Appellees-Cross Appellants. Jeremy Schmuki, individually and as a former Board Member of Our Lady of the Sun, an Arizona corporation; Patrick Lyons, individually and representing those members of Our Lady of the Sun community, who are similarly situated, Plaintiffs/Appellants, v. Our Lady of the Sun Catholic Church, Inc., an Arizona corporation and the following persons who had served and/or still serve on the Board of Directors of Our Lady of the Sun: Paul Andrade; Albert Kenneally; Paul Monaghan; Ruth Allen Schwichtenberg; Arthur Spina; Peter Wheeler Reiss, Sr. and Peter Wheeler Reiss, Jr., each individually and as a member of the Board, Defendants/Appellees.

Court of Appeals of Arizona, Division 1, Department B.

February 23, 2010.

Attorney(s) appearing for the Case

Jennings, Haug & Cunningham, LLP, By Philip G. Mitchell, Craig J. Bolton, Phoenix Attorneys for Plaintiff/Appellant-Cross Appellee Ad Hoc Committee of Parishioners of Our Lady of the Sun Catholic Church, Inc. and Defendant/Appellee Paul Andrade.

The Lynch Law Firm, L.L.C. By Andrew D. Lynch, John C. Shorb, Scottsdale, and Paul G. Ulrich, P.C., By Paul G. Ulrich, Phoenix, Attorneys for Defendants/Appellees-Cross Appellants Peter Wheeler Reiss, Carma B. Reiss, Peter Wheeler Reiss, Jr., Lisa Reiss, Art Spina, and Ruth Allen Schwichtenberg.

Law Office of Maria Salapska, PLLC By Maria Salapska, Phoenix, Attorney for Plaintiffs/Appellants Jeremy Schmuki and Patrick Lyons.

Jones, Skelton & Hochuli, P.L.C. By Eileen Dennis Gilbride, William D. Holm, Nicholas D. Acedo, Phoenix, Attorneys for Defendants/Appellees Our Lady of the Sun Catholic Church, Inc., Albert Kenneally, Paul Monaghan, Ruth Allen Schwichtenberg, Arthur Spina, Peter Wheeler Reiss, Sr., and Peter Wheeler Reiss, Jr.

OPINION

BARKER, Judge.

¶ 1 This opinion addresses two related cases that are consolidated for purposes of appeal. Each case has common factual elements relating to Our Lady of the Sun Catholic Church, Inc. ("OLS"), and requires us to address different aspects of the ecclesiastical abstention doctrine. For the following reasons, we affirm as modified.

I.

¶ 2 We first address the trial court's dismissal of the verified complaint...

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