A Publication of the ORTHODOX CHRISTIAN LAITY
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| Volume 6 Number 15 - Tuesday, April 13th, 2004 |
A Publication of the ORTHODOX CHRISTIAN LAITY |
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The Orthodox Christian News Service |
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Greek Orthodox Archdiocese Files Motion to Dismiss in Legal Action (Orthodox Christian Laity) West Palm Beach, Florida, April 5, 2004 -- Having received no acknowledgment to numerous requests for a dialogue with the Archdiocese, it was with great sadness and regret that it was found necessary to institute a legal action to require the Archdiocese to follow its own rules and procedures concerning the revision of the 1977 Charter. With more than 30 prominent members of the Archdiocese as Plaintiffs, a legal action was filed in the Supreme Court of New York on February 3, 2004, with the Archdiocese and His Eminence, Archbishop Demetrios, as Defendants. On March 15, the Defendants filed their motions for the dismissal of the action contending that the Plaintiffs had no standing to sue since parishioners of parishes are not members of the Archdiocese and that the Court has no jurisdiction over the matter in controversy because it is ecclesiastical in nature.
The
Motion to Dismiss has been carefully reviewed by
the plaintiffs’ legal team who are now actively
engaged in preparing the appropriate response
which is due on
April 14, 2004. The defendants will then have
until April 30, 2004, to file their
rebuttal. There were no surprises in the Motion to
Dismiss filed by the Defendants. The plaintiffs’
attorneys believe that they will be able to
successfully respond to the Motions to Dismiss by
showing that the Archdiocese does indeed have
members and that the issue before the
Court concerns secular and corporate by-laws and
not ecclesiastical matters. It is expected that
the Court will set the matter down for a hearing
sometime in May. |
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