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392
Now the court is fully aware of the potential
dam.3.ge
which
has been argued very ably
by Mr.
Browne, the
da?:1age which might accrue to the church if the operations were
brought
to a halt or
seriously
interrupted
by
the
appointment
of a receiver and by injunctive means. And, of course, I
have to do the best I can to balance this threat against
what the plaintiff contends will be irreparable damage if
this situation is permitted to continue.
I do note in that regard that while I think it is
perfectly clear that there was some ir.unediate and serious
damage to the church when the receiver was first appointed,
it seems to have geared up again. The computers are now
operating again, and as I understand it, the operation is
now presently back and it is operating -- maybe not as
effic_
iently as before because of the confusion caused by the
receivership -- but nevertheless it is operating.
Now, bearing all of these considerations in mind,
and bearing in mind the history of what has occurred since
the receiver was appointed, I am going to make the following
orders in the matter:
Firstly, all prior orders regarding the appointment
of the receiver and
any
restraining orders are vacated and
dissolved.
Secondly, Judge Steven s. Weisman -- under the
assumption that he accepts the appointment -- is appointed as
receiver pendente lite in the matter of the three corporate
defendants to carry out the duties which will be specified
in this order.