Legal Opinion

Saint Mark of Ephesus Orthodox Cathedral, Inc. v. Holy Orthodox Metropolis of Boston, Inc.

Massachusetts Superior Court

Decided January 14, 2014No. SUCV2012003605DPublished

1Opinion of the Court

McIntyre, Frances A., J.

Saint Mark of Ephesus Orthodox Cathedral, Inc. (“Saint Mark’s”) had been a congregation within the Holy Orthodox Metropolis of Boston, Inc. (the “Metropolis”) since 1972 until it elected to leave the Metropolis in September of 2012. The parties now dispute which entity is the true owner of certain property located at 850-854 South Street in Roslindale, Massachusetts. While the Metropolis holds the deed to the South Street property, Saint Mark’s claims that the Metropolis simply holds the property in trust for the congregation.

Based upon this court’s application of…

2Cases cited16 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Kourouvacilis v. General Motors Corp.Massachusetts Supreme Judicial Court · 1991
  3. Pederson v. Time, Inc.Massachusetts Supreme Judicial Court · 1989
  4. Community National Bank v. DawesMassachusetts Supreme Judicial Court · 1976
  5. Jones v. WolfSupreme Court of the United States · 1979

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