Posts tagged civil authorities

An Orthodox Baptism in the home of John Quincy Adams – and much more besides

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John Quincy Adams, 1818

On January 20, 1811, an Orthodox baptismal service took place at the home of the future President of the United States John Quincy Adams and his wife Louisa. At that time they were living in St. Petersburg, Russia. Louisa Adams took an active part as one of the Godparents of the little girl being baptized, along with her fellow sponsors Martha Godfrey (the Adams American chambermaid) and Mr. Francis Gray, one of the secretaries to the American legation in Russia.

John Quincy Adams later became the sixth President of the United States, serving his one term of office between 1825 and 1829. He was the eldest son of the second U.S. President, John Adams. From a young age John Quincy lived in Europe with his father, as the latter served as American representative in France and the Netherlands. At the relatively tender age of 14, in 1781, John Quincy travelled for the first time to Russia as secretary to Francis Dana whose mission was to obtain recognition by Russia of the nascent American republic. This initial visit was to last almost 3 years.

John Quincy returned there for a further 5 years in 1809 when President James Madison appointed him as the first fully credentialed US ambassador to Russia. In this role his wife, Louisa Catherine Johnson Adams, who holds the distinction of being the only foreign born First Lady of the United States, ably supported him. (She was born in London to an English mother and American father.)

So how did Louisa Adams and the other Americans become co sponsors of an Orthodox baptism? As John Quincy recounts, on Russian New Year’s Day, 1811, his footman Paul, a Finnish man of Lutheran faith and his wife, “a Russian of the Greek church,” had a baby daughter. Because of the mother’s faith it was agreed that the child “was to be christened according to the fashion of the Greek Church.” At the request of the Lutheran footman Paul, Mrs Adams and Martha were asked to stand as Godmother and Mr. Gray as Godfather. The baptism took place at 8 o’clock in the evening in the parlor of the Adams home. The service was conducted by a priest “and an inferior attendant not in clerical habits, who chanted the Slavonian service, the priest from a mass book.”

Given the unusual time and location of the baptism and the use of non-Orthodox sponsors, (assuming none of the Americans had converted), one has to wonder if the child’s life was in danger and hence the unusual circumstances. Because at that time the calendar difference was 12 days, the evening of January 20, would have been the eve of the child’s eighth day, the traditional time for its naming. But whether this was deliberate or co-incidental cannot be said. It may also be that John Quincy Adams, as the head of the extended household, influenced the timing. In September of the same year the resident English chaplain of the Russia Company also baptized in his home, but according to the rite of the Church of England, his daughter Louisa Catherine. In connection with this baptism John Quincy wrote: “ (T)he rite itself, the solemn dedication of the child to God, I prize so highly, that I think it ought never to be deferred beyond a time of urgent necessity.”

In any event, John Quincy describes the service in meticulous detail. He writes:

A plated vessel of the size of a small bathing tub contained the water, which the priest consecrated at the commencement of the ceremony. Three tapers were at first fixed at the end most distant from the priest and at the two sides of the baptismal vase. The child was brought in and held by the nurse, until the priest took it naked and plunged it three times into the water. With a pencil-brush before and after plunging, he marked a cross on its forehead and breast, and finally on its forehead, shoulders and feet – repeating the same thing afterwards with a wet sponge. A shirt and cap, provided by the godmother, were then put upon the child, and a gold baptismal cross, furnished by the godfather. Tapers lighted were put into their hands, two of them from the sides of the vase, round which they marched three times, preceded by the priest. He then with a pair of scissors cut off three locks of the child’s hair, which, with wax, he rolled up into a little ball, and threw into the water in which the child was baptized; and finally, after a little more chanting from the book, the ceremony was concluded. During the first part of the ceremony the priest turned his back to the vessel of water, and the sponsors, with the nurse and child, to the priest. Another singularity was that at one part of the ceremony they were all required to spit on the floor.

John Quincy’s diaries report numerous other experiences of Orthodox worship during this second period in Russia, including attending the Paschal night service and a liturgy followed by veneration of the relics of St. Alexander Nevsky that took place at the monastery in St. Petersburg which bears the name of the saint. From a brief review of his diaries covering his five years in Russia as Ambassador it seems that Adams attended at least 50 Orthodox services, most commonly Te Deums, the short Orthodox service of thanksgiving and intercession. His writings also evince an interest in questions such as the dating of Easter and the moment of the descent of the Holy Spirit in the eucharistic liturgy.

His experience of Orthodox services was far from being uniformly positive: In describing a baptism at St. Isaac’s Cathedral he recalls that, “The choir of singers at the left hand of the chancel was small, the singing, as usual, excellent.” But he moves on to say

The mothers appeared delighted to have obtained the blessings. The multitude of self crossings, the profound and constantly repeated bows, the prostrations upon the earth and kissing of the floor, witnessed the depth of superstition in which this people is plunged perhaps more forcibly then I had seen before.

Perhaps surprisingly his attitude to the Orthodox practice of fasting and abstinence was more positive. He recounts a conversation with his Russian landlord during the second week of Lent that is worth quoting in full:

He spoke of their Lent, of which this is the second week. They keep their first and last week with great rigor, and in them they are not allowed to eat fish, no animal food of any kind – scarcely anything but bread, oil and mushrooms. The common people he says, consider a violation of the Lent as the most heinous of crimes. Murder, they suppose, may be pardoned, but to break the fast is a sin utterly irremissible. He himself kept the fast last week, not from a religious scruple, but because he thought it a salubrious practice, and a useful one to form a habits of self-denial. I am of that opinion myself, and I have often wished that the reformers who settled New England had not abolished the practice of fasting in Lent. I am convinced that occasional fasting, and particularly abstinence from animal food several weeks at a time, and every year, is wholesome, both to body and mind. It is true that fasting is not expressly enjoined in the Scriptures, and therefore cannot be required as a religious observance; but, unless prescribed by a principle of religion, there is no motive sufficiently powerful to control the appetites of men.

John Quincy Adams’ engagement with Orthodoxy in the context of his ambassadorial duties was clearly substantial. In recent years it has become popular to refer to Orthodoxy as “the best kept secret in America.” The more I read from early sources the more it seems that Orthodoxy was in fact much better known two hundred years ago then now, at least amongst the educated and ruling classes of the nascent Republic. This is a theme to which I shall perhaps return in subsequent articles.

Nicholas Chapman, Herkimer, New York, January 20, 2012

New York OCA Cathedral’s fight for religious freedom

If you’ve read the last two issues of our SOCHA newsletter, you know that Holy Protection OCA Cathedral in New York City is in the middle of a fight with the city’s Landmarks Preservation Commission (LPC). Here’s how I described the situation in the most recent newsletter:

In last month’s newsletter, I mentioned the plight of Holy Protection OCA Cathedral in New York City. The cathedral community is in a fight with the city’s Landmarks Preservation Commission, which is trying to have the cathedral declared a historic landmark against the wishes of the cathedral itself and its diocesan bishop. If the Commission is successful, the cathedral will be forced to get government approval for any changes to the church exterior. They may also be forced to make “improvements” deemed appropriate by the city. This is an unacceptable infringement on the religious freedom of the cathedral community in the name of “historic preservation.” As I said last month, I’m (obviously) a huge supporter of preserving history, but we don’t need the government telling us how to do it. Here is an update from Fr. Christopher Calin, dean of the cathedral: “The Community Board #3 voted 32 to 9 to endorse the Landmark District which would include our Cathedral and other houses of worship in the EV [East Village]. We are currently working with a Local Faith Communities group to find alternatives to the forced landmarking of our buildings and have a meeting scheduled for 9/12 with the Commissioner of the Landmarks Preservation Commission (LPC) Tierney. There is support to NOT designate religious institutions as individual landmarks, but the well-funded and staffed preservationists are lobbying the LPC and city council members very hard.” We at SOCHA strongly and officially support the cathedral in its efforts to resist the coerced landmarking. In a future article, we’ll let you know how you can help.

As I indicated, Bishop Michael Dahulich has already voiced his disapproval of the forced designation of his own cathedral. In a letter to the chairman of Community Board 3, Bishop Michael wrote,

We are not against preservation or even an historic district designation for the East Village, but the forced individual landmark status of our cathedral and other houses of worship and will place time-consuming and costly demands on parishes to make application and receive permission from the Landmarks Preservation Commission every time the parishioners need to change a window, put in an air conditioner, paint a gate, install a new sign, or replace doors, roofs or steps.

But  it’s actually even worse than that. The cathedral was originally a Protestant church. Fr. Christopher Calin told me that back when the then-Russian Metropolia acquired the building in the 1940s, it drew up plans for a complete redesign of the exterior. The plan called for a much more traditional Orthodox appearance, with cupolas and so forth. The plans have never been enacted, in part because of funding issues, but there’s still hope that the community will eventually raise the money for it. If the landmark designation is imposed, though, the cathedral would have to get government approval of the design before they could move forward. As I understand the process, that would involve a public hearing at which any citizen could come in and argue against the cathedral’s plans. So you could have the City of New York blocking the addition of Orthodox architectural elements (such as domes and icons) because they would alter the historic (Protestant) exterior of the building. In that case, “preserving history” would amount to preserving Protestant architecture and suppressing the Orthodox owners’ right to freely exercise their religion via Orthodox architectural expression.

In Orthodoxy, and indeed in nearly all religions, religious architecture is a religious matter. Domes, icons, crosses, the shape of the building; it’s impossible to separate these elements from our Orthodox faith itself. When I attended St. George Cathedral in Wichita, they added gorgeous mosaics to the exterior of the building. Had the cathedral been a historic landmark, the church would have needed government approval for those icons — and if the government thought that the icons unacceptably changed the original look of the church, then the church would have been prohibited from adding them. This is a blatant violation of religious freedom.

But it goes beyond the simple fact that church architecture is intrinsically religious. Take, for instance, the addition of an air conditioner. Should the church be prevented from adding the air conditioner of its choice, simply because it happens to be in an old building? Should it be forced to make a case to the government, and undergo a public hearing, simply to replace a broken window? This is what Historic Preservation does: it puts decision-making power over churches into the hands of government bureaucrats.

To those who say that one’s choice of air conditioning unit is not really an ecclesiastical matter, I ask this: who gets to decide whether an issue is ecclesiastical or not? Who is qualified to make that decision? As I’ve argued in the past, the question of whether something is ecclesiastical is, itself, ecclesiastical. And we absolutely, constitutionally, cannot have the civil government making those decisions.

Forced preservation has another problem: it violates the authority of the bishop. Ultimately, the proper authority over Holy Protection Cathedral is the OCA Bishop of New York, Michael Dahulich. Above him is the Holy Synod of the OCA. As long as the church architecture doesn’t present a safety problem, how on earth can the civil government justify usurping the bishop’s authority and dictating to a church what design elements are acceptable and what are not?

We’re not talking about the type of government justifications that most people accept — things like fire code, building code, etc. The government’s interest isn’t safety — it’s the nebulous concept of “history.” Why, exactly, is the City of New York the proper judge of what constitutes proper preservation of Orthodox Church history? As an Orthodox Christian historian, I would argue that the work of church history, including its preservation, is an inherently religious exercise. To compartmentalize it, and to divorce it from the life of the church, is contrary to Orthodoxy. But that is what the historic preservationists of New York are attempting to do: they’re attempting to place the final decision over church architectural design into the hands of the civil government. That, my friends, is both unconstitutional and just plain wrong.

And if you think this is just a minor issue for one community, think again. How old is your church? If it’s more than, say, 50 or 70 years old, it’s at risk of the same problem. We all have an interest in preserving history, but we have a greater interest in preserving religious freedom. We have an interest in preserving our freedom to preserve our religious history as we, as Orthodox, see fit. We do not need the government to tell us how to preserve our history, against our will. That does violence to the First Amendment and, indeed, to the actual preservation of history itself.

This article was written by Matthew Namee.

SOCHA Newsletter, Issue #2 (August 15, 2011)

This is the second issue of our SOCHA newsletter, first introduced last month. If you know of anything we should include in the next issue, or to offer any other feedback about the newsletter, please email me at mfnamee [at] gmail [dot] com.

WHAT’S NEW AT SOCHA?

  • Today, August 15, is the last day to get the early-bird discount on your registration fee for the upcoming SOCHA symposium at Princeton. The symposium takes place on August 30 and September 1. For more information, see the symposium’s web page or send an email to florov@princeton.edu.
  • The first issue of the Journal of American Orthodox Church History (JAOCH) will be launched THIS WEEK. The cost is $10. We’ll have lots more information in the coming days, so stay tuned.
  • Things have been rather slow lately here at OrthodoxHistory.org, and for that, I apologize. A brief update on my personal research: As many of you know, my recent studies have been focused on Orthodoxy and the US civil courts. I’ve completed an initial paper on the subject. First, I review the history and existing rules used by courts. I then dissect those rules and (attempt to) demostrate why they don’t work, either constitutionally or in practical application to Orthodox cases. Finally, I propose an alternative approach which (so I argue) avoids the constitutional problems and also works better for the Orthodox Church. I’ll be presenting a short version of my paper at the upcoming SOCHA symposium, although (1) I may focus on the history and current rules rather than my proposed alternative, and (2) I won’t actually be presenting the paper in person. Unfortunately, circumstances prevent me from attending the symposium, so I’ll have a friend present the paper on my behalf. In addition to that short paper, I plan to submit my longer paper to a scholarly legal journal. So, yeah — that’s what I’ve been up to in terms of historical research.

IN THE NEWS:

  • In last month’s newsletter, I mentioned the plight of Holy Protection OCA Cathedral in New York City. The cathedral community is in a fight with the city’s Landmarks Preservation Commission, which is trying to have the cathedral declared a historic landmark against the wishes of the cathedral itself and its diocesan bishop. If the Commission is successful, the cathedral will be forced to get government approval for any changes to the church exterior (anything from replacing a broken window to adding an onion dome). They may also be forced to make “improvements” deemed appropriate by the city. This is an unacceptable infringement on the religious freedom of the cathedral community in the name of “historic preservation.” As I said last month, I’m (obviously) a huge supporter of preserving history, and so are the folks at the cathedral, but we don’t need the government telling us how to do it. Here is an update from Fr. Christopher Calin, dean of the cathedral: “The Community Board #3 voted 32 to 9 to endorse the Landmark District which would include our Cathedral and other houses of worship in the EV [East Village]. We are currently working with a Local Faith Communities group to find alternatives to the forced landmarking of our buildings and have a meeting scheduled for 9/12 with the Commissioner of the Landmarks Preservation Commission (LPC) Tierney. There is support to NOT designate religious institutions as individual landmarks, but the well-funded and staffed preservationists are lobbying the LPC and city council members very hard.” We at SOCHA strongly and officially support the cathedral in its efforts to resist the coerced landmarking. In a future article, we’ll let you know how you can help.
  • On August 31, 1963, a major gathering of thousands of Orthodox young people took place in Pittsburgh. It’s an event that we should eventually discuss here at OrthodoxHistory.org. The Orthodox Christian Laity organization (OCL) is looking for video of that event. Here’s a statement from OCL’s executive director, George Matsoukas: “Since December 2010, we have conducted a search that includes contacting most Archdioceses and various dioceses of all Orthodox Jurisdictions, individual hierarchs, clergy, laity and various archives, as well as CBS, looking for the 1963 ‘Lamp Unto My Feet’ Documentary of the CEOYLA Pittsburgh Festival. If you know anyone who has it, please contact me via ocladmin@ocl.org. We want to keep the memory alive of this great event. It is a shame that somehow the video tapes have disappeared. Thank you for your consideration.”
  • A Russian expedition to Alaska began on July 16 and continues through the end of this month. From the article: ”During the expedition its participants will be collecting ethnographic material, writing an academic diary, questioning local people and describing the land.” The plan is to make a film and a school manual about Alaska for Russian students.
  • Speaking of Alaska, on July 15 in Moscow, an event was held to mark the 270th anniversary of discovery of “Russian America.”
  • On September 9-10, St. Theodosius OCA Cathedral in Cleveland will celebrate the 100th anniversary of its construction. The cathedral was founded in 1896, making it one of the oldest Orthodox parishes in the United States, and the current temple was built in 1911.
  • Another centennial was celebrated in South Bend, Indiana, where Ss. Peter and Paul Serbian Orthodox Church was founded in 1911.
  • The Secretariat of our Assembly of Bishops has begun a series of interviews with the hierarchs of the Assembly. The first five interviews, conducted by Fr. Josiah Trenham, are available on the Assembly website. Eventually, there will be interviews with every active Orthodox bishop in America. Over at the respected Orthodox blog Byzantine, Texas, the author had this reaction to the interviews: “Having listened to some of these talks, let me say they are not fluff. Fr. Josiah Trenham asks direct, probing questions and the bishops answer with great candor.”

NOTABLE LINKS:

  • A video in memory of Fr. John Meyendorff was recently produced and is available on YouTube. Meyendorff, a longtime professor and former dean of St. Vladimir’s Seminary, died in 1992. He was one of the most influential theological writers in American Orthodoxy. To learn more, see this article from the St. Vladimir’s website.

 Matthew Namee, Editor

Notes on an Ethiopian Orthodox court case

Right now, I’m fully immersed in work on my big paper on Orthodoxy and the civil courts. I just thought I’d offer some notes on a case I just read, Kidist Mariam Ethiopian Orthodox Tawahedo Church, Inc. v. Kidist Mariam Ethiopian Orthodox Tawahedo Church, Inc., a 1995 Georgia Court of Appeals case involving the split of an Ethiopian Orthodox parish. (And yes, the case is Kidist Mariam Church versus Kidist Mariam Church — both factions claimed to be the “true” church.)

The basic facts are as follows: In 1993, the Kidist Mariam board of directors, “after a vote by the congregation,” fired the parish priest. The priest told the archbishop, who responded by disbanding the board of directors. This led to a split in the parish — the “Atlanta Group” sided with the archbishop, while the “Decatur Group” was led by the old board of directors. Both groups elected new boards of trustees and claimed the right to control the parish funds. Hence this court case.

Rather than defer to the bishop’s definition of which group constituted the “true” parish, the court applied the neutral principles of law approach. The parish articles of incorporation stipulated that the parish was autonomous with respect to the ”internal affairs of the corporation.” The parish bylaws indicated acceptance of the archbishop’s authority only over religious, spiritual, and liturgical matters. Based on these facts, the court concluded that Kidist Mariam was a “hybrid” congregational/hierarchical church.

The court ruled that, “even assuming Archbishop Matthias was authorized in declaring the removal of the corporation’s Board of Directors because of their decision to remove Rev. Haregewoyn as priest of the Kidist Mariam Church, neither the Archbishop nor the Atlanta Group had authority to appoint the corporation’s Board of Directors.” So the Atlanta Group (i.e. the pro-archbishop group)’s new board elections didn’t conform to the parish articles of incorporation and bylaws; meanwhile, the Decatur Group’s board elections were consistent with those official documents. The result? A victory for the Decatur Group, and a loss for the archbishop’s faction.

I find the court’s reasoning curious — and not in a good way. The court has confused the legitimacy of the archbishop’s decision to disband the original board of directors with the legitimacy of the Atlanta Group’s new board. It is entirely possible (probable, even) that no board is legitimate — that the archbishop’s board failed to conform to the parish governing documents, but the Decatur Group’s board failed to qualify even as church members in the first place.

Membership status in a parish is an ecclesiastical (religious, spiritual, liturgical) matter. The archbishop had the authority to determine who was and wasn’t a parish member — and that means he had the authority to disband the board (because you can’t serve on the board if you’re not a parish member). If the archbishop declared the entire Decatur Group not to be parish members on the grounds that they rebelled against his ecclesiastical authority and purported to fire the priest… well, the archbishop had the right to do that, and it seems like he had a pretty good reason. I mean, you can’t have parish boards firing priests — not in the Orthodox Church, and while I know the Ethiopian Church isn’t in communion with the Eastern Orthodox Churches, I don’t think their ecclesiology on that point differs from ours.

The court’s reasoning demonstrates — as do so many other cases — that the neutral principles approach to Orthodox parish disputes is fatally flawed. It assumes that a real distinction exists between ecclesiastical and non-ecclesiastical issues, when in fact Orthodoxy permits no such dichotomy. Here, the issue of which was the “real” board hinged, in large part, on the issue of who were “real” parish members. That’s an ecclesiastical question, and the court overstepped its bounds when it ignored this fact.

This article was written by Matthew Namee.

Metropolia beats Moscow in court

In the Supreme Court cases Kedroff v. St. Nicholas Cathedral and its successor Kreshik v. St. Nicholas Cathedral, the highest court in the country ruled against the Metropolia and in favor of the Moscow Patriarchate in a dispute over church property. But Moscow didn’t win all the time. The 1962 Ohio Court of Appeals case St. Peter and St. Paul’s Church of Lorain, Ohio v. Burdikoff had the opposite outcome, which is set forth in a fascinating judicial opinion.

At the outset, the court offers this introduction to the Orthodox Church as a whole:

The temptation is very great to detail the history of the Orthodox Greek Catholic Churches of the Eastern Confession. The historical development of Christianity in the eastern churches is a subject that is not stressed in our schools, yet out of the Greek Catholic Churches much of the early foundation of the Christian Church was formed. The lives of its saints, and writings of its scholars, are worthy of emulation and study.

Not exactly what you’d expect to read in a secular judge’s opinion, huh? Anyway, onto the case.

Ss. Peter and Paul Church in Lorain, OH was founded in 1912 under the Russian Archdiocese of North America, which in turn was under the Russian Orthodox Church. At the 1924 All-American Sobor, the Archdiocese declared itself to be autonomous of Moscow, transforming itself into the “Russian Metropolia.” The Lorain parish formally submitted to the Metropolia by 1925. In February of that year, the parish filed an action in court to transfer the title of its property from Archbishop Alexander Nemolovsky (who had been the Russian primate in America) to the parish corporation itself. The court agreed, and title was successfully transferred.

From 1925 until 1960, the Lorain parish was served by clergy under the Metropolia. The parish participated in the Metropolia’s sobors, sent contributions to the Metropolia, and otherwise behaved as a parish of the Metropolia. No one questioned or challenged this fact. The parish didn’t split into pro-Moscow and pro-Metropolia factions, and Moscow itself never tried to take control of the parish.

In 1957, Fr. George Burdikoff became rector of Ss. Peter and Paul. Burdikoff had previously been a priest of ROCOR, but he later joined the Metropolia. Upon arrival in Lorain, he apparently received a 10-year contract to serve as the parish priest. (Incidentally, was this a common thing? It seems really strange to give a priest an employment contract, but the court treats it as an established fact.)

At first, Burdikoff continued to serve under the Metropolia, but in 1960, he secretly switched his allegience to Moscow, whose archbishop then appointed Burdikoff as rector of the Lorain parish. In other words, with Burdikoff’s secret transfer, Moscow now began to claim authority over Ss. Peter and Paul Church.

The court was faced with two questions:

  1. Who has the right to control the parish property – Moscow or the Metropolia?
  2. Is the Lorain parish still bound to fulfill Burdikoff’s 10-year contract?

The biggest question is the first, and the court spends a lot of time addressing it. To begin with, the court reasoned as follows:

  1. The Lorain parish was clearly founded under Moscow. (And I should note here that when the parish began in 1912, the Church of Russia was governed by a Holy Synod, rather than a Patriarch. I’ll refer to “Moscow,” but you should take that to mean “Church of Russia.”)
  2. But in 1925, the parish submitted to the autonomous Metropolia, and Moscow did nothing (with regard to Lorain specifically).
  3. In an interesting (and, to me, deeply flawed) argument, the court pointed out that Moscow and the Metropolia are both members of the World Council of Churches. The WCC only accepts autonomous churches as members; it follows, then (says the court) that by being a WCC member, Moscow must accept that the Metropolia is in fact autonomous.
  4. “Thus for 35 years one autonomous church body has occupied the church building, received dues and other monies, supported its superiors, and the superior church body, the Metropolia. In all this time the church which formerly claimed spiritual and temporal jurisdiction [Moscow] has done nothing to oust the group which it calls schismatic from occupation and control of the Lorain Church. It now seeks to do so by the subterfuge of a priest who has switched allegience when it best served his personal interest.”

As a general rule, when a member parish withdraws from a hierarchical church, they can’t take church property with them. Moscow argued that this rule, combined with the Supreme Court’s opinions in Kedroff and Kreshik, means that they should win. The court disagrees. Kedroff and Kreshik don’t apply here, the court says, because in those cases the New York government (first the legislature and then the judiciary) tried to transfer church property from Moscow to the Metropolia. Here, that’s not happening — in fact, Moscow is trying to get the Ohio courts to support a transfer in the other direction, from the Metropolia to Moscow.

The court continually reiterates that the Lorain parish was under the Metropolia for “35 years” without a complaint from Moscow. This is important because it opens the door to the application of several legal principles:

  • Adverse Possession. Let’s say that I own a piece of land, but a squatter moves onto that land and starts acting like an owner. I know about the squatter, but I don’t do anything to oppose him. If he does this for long enough, according to the common law principle of adverse possession, he can become the new legal owner of the property. It’s possible to apply this concept to the Burdikoff case — the Metropolia exercised control over the Lorain parish for 35 years, presumably with Moscow’s knowledge but without its opposition. Under adverse possession, if Moscow was the rightful owner, it isn’t anymore.
  • Laches. Here, the basic idea is that you can’t wait forever to assert a legal right — an “unreasonable delay” in asserting your rights can be interpreted by the courts as a forfeiture of those rights. Here, if Moscow once had the right to control the Lorain parish, they forfeited that right by failing to assert it for 35 years (which fits any definition of “unreasonable delay”).
  • Estoppel. Similar logic applies here. Moscow may be estopped (forbidden, basically) from asserting its rights over the Lorain parish because it waited so long and knowingly allowed the Metropolia to control the parish for 35 years.
  • Waiver. More of the same — the idea here being that Moscow essentially waived its rights over the Lorain parish by tolerating the Metropolia’s control over it for so long.

Underlying all of these theories is the principle that you can’t just wait forever to assert a legal right. Whatever rightful control Moscow may once have had over the parish, it lost it by waiting so long.

It’s easier to dismiss Burdikoff’s claim that he had a 10-year contract with the parish. The court found that Burdikoff breached the contract when he submitted to Moscow: “he cannot now be heard to complain that he is deprived of a right under a contract which he himself repudiated.”

Long story short, this is a rare victory for the Metropolia over Moscow.

This article was written by Matthew Namee.

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