St. James:

An Orange County Superior Court judge ruled Wednesday that St. James Anglican Church can continue its five-year legal battle with the Episcopalian Diocese of Los Angeles over the ownership of the church building in Newport Beach.

The diocese lost two motions it brought in an attempt to end the case and force the St. James congregation off of the property that fell into contention after St. James left the Episcopalian Church in 2004 because of theological differences about homosexuality.

“Basically the court is saying they have a right to their day in court,” said attorney Eric Sohlgren, who represents St. James.

The California Supreme Court had ruled in favor of the diocese in early 2009 before the court modified the decision to allow the lawsuit to remain open.

“The motions were filed because our position is the [California] Supreme Court has disposed of the case,” said attorney John Shiner, who represents the diocese.

But now the property-rights trial will continue in the Orange County Superior Court while St. James also waits for word on a request for an appeal to the United States Supreme Court where they hope to challenge the constitutionality of a larger religious body forcing a parish off of its property.

“We’ll be filing the opposition to that request in several weeks,” Shiner said.

The Supreme Court could decide whether it will hear the case by October and render a decision as early as mid-2010 if it takes the case.

“The case is far from over,” Sohlgren said.