"Jeffrey" <Jeffreyobf@[EMAIL PROTECTED]
> wrote in message
news:c669f0e7-07b3-41c0-b531-b89ed5f43a1f@[EMAIL PROTECTED]
> On Apr 23, 2:01 pm, Jeffrey <Jeffrey...@[EMAIL PROTECTED]
> wrote:
>> Judge St Eve issued her decision this morning in the case brought
>> against the Orthodox Baha'is and others by the Wilmette NSA, finding
>> that the OBF was not in privity with the NSA under the Hereditary
>> Guardianship (Mason Remey's organization) and therefore the Judgment
>> is not binding upon the OBF and it could not be held in contempt of
>> court.
>>
>> I will have the Judge's opinion posted shortly and will notify you.
>>
>> Jeffrey
>
> You can find the Court's decision at this link:
> http://trueseeker.typepad.com/true_seeker/court_case.html
>
> Jeffrey
Jeffrey,
Thank you for letting us know the good news! And congratulations!
I've just read both the Opinion and Motion. Here are my highlights
for anyone interested in avoiding a lot of the legalese, admittedly
beyond my comprehesion:
Contempt Motion by Wilmette NSA
& Response by Orthodox Bahá'í Faith
http://trueseeker.typepad.com/true_seeker/court_case.html
http://www.truebahai.com/court/139-opinion.pdf
http://www.truebahai.com/court/140-judgment.pdf
"[T]he chain of successorship lacks a link," wrote the Honorable Amy J. St
Eve, United States District Court Judge,
in her Judgment in favor of theChicago_trial_january_7_2008_006 Orthodox
Bahai Faith and the Baha'i Publishers
Under the Provisions of the Covenant. The Court ruled on April 23, 2008
after holding an evidentiary hearing last
January 7, 2008 in Chicago, Illinois on the contempt motion brought by the
National Spiritual Assembly of the
Baha'is of the United States (Wilmette NSA).
Click here for courtroom art images of the hearing
In her decision, the Court stated that: "the vast weight of the record
(including credible testimony) reflects that
there was a significant doctrinal rift on a critical tenet of each group's
faith, and that the PNBC's membership
varied materially from that of the NSA-UHG. The record further reflects a
demonstrable lack of intent to violate
the injunction, and that the PNBC was not created to avoid the effect of
the injunction. Simply put, there is no
substantial continuity between the NSA-UHG and the PNBC, and, as a result,
Mr. Schlatter, Mr. Marangella,
and the PNBC have not violated the injunction."
Click Here for Judge's Opinion
Click Here for Judgment
Excerpts:
p: 12
II. Application To The Court's Findings of Fact
Applying the above-stated principles here, none of the Alleged Contemnors
is in privity
with the bound entity, and thus none has violated the injunction. In
rendering this finding, the
Court has carefully and deliberately weighed all of the evidence adduced
at the hearing and
otherwise submitted by the parties. The Court closely assessed the
demeanor of each testifying
witness, including his or her body language, tone of voice, facial
expressions, mannerisms, and
other factors indicative of credibility.
p. 27
Rather,
the vast weight of the record (including credible testimony) reflects that
there was a significant
doctrinal rift on a critical tenet of each group's faith, and that the
PNBC's membership varied
materially from that of the NSA-UHG. The record further reflects a
demonstrable lack of intent
to violate the injunction, and that the PNBC was not created to avoid the
effect of the injunction.
Simply put, there is no substantial continuity between the NSA-UHG and the
PNBC, and, as a
result, Mr. Schlatter, Mr. Marangella, and the PNBC have not violated the
injunction.
p. 31
After considering the full record in this case, the Court finds that SIBC
and the BPUPC
are not in privity with the NSA-UHG....
p. 32
CONCLUSION
For the above reasons, the Court finds that the Alleged Contemnors are not
in privity
with the NSA-UHG and, in turn, that they are not in contempt of the
injunction.
Jugde Amy J. St. Eve
April 23, 2008
--
The Baha'i Faith & Religious Freedom of Conscience
http://www.fglaysher.com/bahaicensorship/
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