I AM CREATING SOMETHING NEW. DO YOU SEE IT?
     I HAVE PUT ROADS IN DESERTS, STREAMS IN THIRSTY LANDS.
- ISAIAH 43:19


 Time Line of Events relevant to the
Work of the Lancaster Administrative Commission
of the Presbytery of Western New York


February 7, 1818   Meeting in the school house to organize the Presbyterian Society of Cayuga Creek elected the first elders of a congregation formed within the Niagara Presbytery (later called the Buffalo Presbytery).

December 18, 1827  Election of trustees and organization of the congregation “agreeable to the statute” as the “Presbyterian Society of Cayuga Creek.” 

1843-1845 New School-Old School controversy erupted within the congregation, which remained part of the Buffalo Presbytery (New School).

1998   LPC Session, moderated by Rev. Douglas Brandt, passed the Lancaster Affirmation, expressing its convictions and affirming “our loyalty to and love for our denomination as it is constituted in our Book of Confessions and Book of Order.  We receive and adopt its historical principles of church government.”

March 6, 2002   At the request of LPC, Trustees of Presbytery of WNY approved their building plan and intention to finance it through a mortgage of up to $800,000 from the Bank of Alden.

June, 2006   The call of the Rev. Kelly Negus as Pastor took place through a process that included the circulation of a Church Information Form in which the congregation indicated itself subject to the PCUSA Book of Order.

June 15, 2008  Without prior consultation with Presbytery, LPC congregational meeting voted 243 to 0 to withdraw from the PCUSA and affiliate with the Evangelical Presbyterian Church. 

June 16, 2008  Pastor Kelly Negus renounced jurisdiction of the Presbytery of Western New York. LPC filed suit in Supreme Court of New York State with respect to the property. Both the Presbytery and the PCUSA were named in the suit.

July 1, 2008   Called meeting of the Presbytery of Western New York appointed an administrative commission with limited powers to facilitate the departure of Lancaster Presbyterian Church

July 7, 2008; July 10, 2008; July 18, 2008  Meetings of the Commission

July 18, 2008  Commission sent a certified letter to Session of Lancaster Presbyterian Church inviting meeting with us at a location of their time and choosing to work toward a peaceful settlement.

July 22, 2008  Stated Meeting of the Presbytery, indicated that the CPM had met with Lindsey Phillips whose candidacy for ministry will go forward by transfer of her membership from Lancaster to Kenmore Presbyterian

August 11, 2008 Commission met at UPC to prepare for meeting with LPC scheduled for August 18, 2008 at North (Williamsville) (by telephone call between Kelly Negus and Pat Townsend on Aug. 4)

August 13, 2008  The meeting between the  Commission and representatives of LPC previously scheduled for August 18 was cancelled by LPC

September 27, 2008  LPC was received into Presbytery of the East, Evangelical Presbyterian Church (apparently received from independent status as no correspondence was exchanged)

September 29, 2008  Meeting of the Commission

October 2, 2008   Attorneys for all parties met for mediation with Judge Curran, Erie County Supreme Court. After mediation proved unsuccessful, Judge Curran stated that he was prepared to rule on the property issue but would likely wait for a decision of the NY Court of Appeals in the Harnish case.

October 8, 2008   Meeting of the Commission

October 20, 2008   Another letter of invitation sent from Commission to LPC for a
meeting, at their convenience

October 23, 2008   New York Court of Appeals issued unanimous decision in Harnish case for the Episcopal Diocese of Rochester regarding the property held in trust by All Saints Anglican.

November 14, 2008   Supreme Court of New York State, Appellate Division, Fourth Department issued decision affirming that property of the Oakfield Presbyterian Church is held in trust for the benefit of the Presbytery of Genesee Valley.

November 29, 2008   Meeting of Commission

December 4, 2008  Oral arguments were heard in court in Buffalo regarding the applicability of Harnish and Oakfield to this case.   Judge Curran decided for the Presbytery of WNY and held that the property was held in trust for PCUSA pursuant to the Book of Order. Lancaster requested stay of enforcement pending their decision to file an appeal and the Commission agreed.

December 5, 2008  Letters from Presbytery’s attorney to LPC’s attorney again inviting LPC to meet with Commission

December 11, 2008  LPC’s attorney wrote the Presbytery’s attorney requesting a meeting between the parties, without counsel of record, with numerous conditions

December 18, 2008  Judge Curran signs written order holding that LPC property held in trust for benefit and use of PCUSA (order entered on January 8, 2009)

January 10, 2009   Meeting of Commission

January 13, 2009  Letter sent through attorneys with the Commission’s proposal for a meeting on February 14 at 10:00 AM 

January 20, 2009   Lancaster was granted an extension in its deadline to file an appeal from March 4, 2009, to April 13, 2009.

January 29, 2009   Lancaster filed a motion to reargue before Judge Curran in Supreme Court.

February, 2009   First meeting between Administrative Commission and Lancaster Presbyterian Church Discussion and Negotiation Team was held at North Presbyterian Church, Williamsville.

March 28, 2009   Second meeting between Administrative Commission and Lancaster Presbyterian Church Discussion and Negotiation Team was held at North Presbyterian Church, Williamsville.

April 2, 2009   Judge Curran denied Lancaster’s motion to reargue.

April 18, 2009   Third meeting between Administrative Commission and Lancaster Presbyterian Church Discussion and Negotiation Team was held at University Presbyterian Church, Buffalo.

June 13, 2009   Fourth meeting between Administrative Commission and Lancaster Presbyterian Church Discussion and Negotiation Team was held at North Presbyterian Church, Williamsville.

June 19, 2009   All briefs had been submitted by both parties for Lancaster’s appeal in the Fourth Department, New York State Appellate Division. Oral arguments are scheduled to be heard Thursday, October 29, 2009 at 10:00 AM in Rochester.

September 10, 2009   Having received a written proposal for settlement from the Lancaster Presbyterian Church Discussion and Negotiation Team, the Administrative Commission met to begin drafting its response.

September 24, 2009   A counter proposal covering both non-financial and financial issues was submitted from the Commission to Lancaster.

September 28, 2009  Lancaster’s negotiation team rejected the Commission’s counter offer.

October 29, 2009 Oral argument was heard in Fourth Department, New York State Appellate Division.

November 13, 2009 The 4th Department  of the Appellate Division of the New York Supreme Court in Rochester denied Lancaster’s appeal. Their decision can be read by clicking here.

December  30, 2009   The 4th Department  of the Appellate Division of the New York Supreme Court in Rochester denied Lancaster’s motion for leave to appeal to the Court of Appeals in Albany ( New York's highest court).

January 14, 2010   Lancaster’s attorneys filed a motion for leave to appeal with the Court of Appeals. This is the last chance for review in the state courts. The brief can be read by clicking here.

January 14, 2010    The 2nd Department  issued its ruling in the Ridgeberry/Ridgebury case,  finding in favor of the Presbytery of Hudson River. This reversed  the trial court decision from Orange County upon which  LPC had heavily relied.  You can download the decision here:  http://www.courts.state.ny.us/courts/ad2/calendar/webcal/decisions/2010/D24365.pdf

March 2, 2010 The Presbytery's Administrative Commission met with the Session of Lancaster Presbyterian Church to discuss a proposal for dismissal with property.

March 30, 2010  The New York State Court of Appeals denied LPC's request for leave to appeal.

April, 2010 Lancaster Session and Trustees approved the terms of agreement, which specifies that Lancaster provide microfilm copies of Session Records and pay $550,000 to Presbytery in order to be dismissed with their property. The amount will cover the legal costs incurred by Presbytery and the PCUSA, unpaid per capita, and a modest additional tithe.

May 23, 2010 In a Called Meeting, the Lancaster congregation approved the agreement.

August, 2010 The agreement has reached final language for signing by all parties, the microfilms are in hand, and the closing and dismissal are scheduled for September.

 

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