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BJORKMAN v. PROTESTANT EPISCOPAL CHURCH

No. 87-SC-904-DG.

759 S.W.2d 583 (1988)

James W. BJORKMAN; St. John's Protestant Episcopal Church of Bellevue and Dayton (aka St. John's Episcopal Church, Inc., of Bellevue-Dayton, Kentucky), a Kentucky Corporation; and the Anglican Catholic Parish of Saint John the Evangelist, Inc., a Kentucky Corporation, Appellants, v. The PROTESTANT EPISCOPAL CHURCH IN the UNITED STATES OF AMERICA OF the DIOCESE OF LEXINGTON; Trustees of the Diocese of Lexington, a Kentucky Corporation; and the Right Reverend Addison Hosea, Appellees.

Supreme Court of Kentucky.

October 27, 1988.

Attorney(s) appearing for the Case

Reginald L. Thomas, Lexington, for amicus curiae Board of Incorporators of the African Methodist Episcopal Church.

T. Bruce Simpson, Jr., Lexington, for amicus curiae Brown Sebastian, Sarah Cavil, Charlste Clark, Frank R. Cannon, Jr., and Hilrey Milton, Jr.

John S. Palmore, Lexington, for amicus curiae Rector, Wardens & Vestry of Grace Church-Louisville.

Raymond T. Munsell, New York City, for amicus curiae the Domestic and Foreign Missionary Society of the Protestant Episcopal Church in the U.S. of America.

Gerald Kirven, Louisville, for amicus curiae Trustees and Council of the Protestant Episcopal Diocese of Kentucky.

Donald J. Ruberg, Michael J. O'Hara, Covington, for appellant.

C. William Swinford, Jr., Lexington, for appellees.

LAMBERT, Justice.

Upon the secession of St. John's Protestant Episcopal Church of Bellevue and Dayton, a Kentucky Corporation (St. John's), from the hierarchical church organization, the Protestant Episcopal Church in the United States of America and the Diocese of Lexington (PECUSA), a dispute arose as to the ownership of the church property. After hearing the evidence and applying the "neutral-principles of law" doctrine authorized in Jones v. Wolf,

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