OMAHA, Neb. (AP) – A rift in the U.S. Episcopal Church fueled by theological differences on such topics as homosexuality is playing out in Nebraska, in a district court.

The Episcopal Diocese of Nebraska is suing leaders of a breakaway Omaha parish, asking the Douglas County District Court to declare the diocese the rightful owner of the parish’s buildings and property. It argues that the parish exists to carry out the mission of the diocese and national church and when that stops, it is obligated to surrender the property’s ownership.

“There’s not any ambiguity at all,” said diocese chancellor and attorney D.C. “Woody” Bradford, of that agreement.

But St. Barnabas Parish leaders argue the diocese has no right to the property and the court doesn’t have the authority to interpret ecclesiastical matters. They’ve asked that the lawsuit be thrown out.

A hearing is set for Jan. 21.

Bradford said he was unsure of the property’s details, including how many buildings it includes, how much land or the value of everything the diocese sought.

The church sits on about a third of an acre, according to the Douglas County Assessor’s Office.

Phone messages left for the Rev. Robert Scheiblhofer and attorneys representing the parish leaders were not immediately returned Jan. 20.

The midtown Omaha property, bought in 1915, has served as the third home for the parish, which was founded in 1869, according to its Web site.

In 2007, St. Barnabas’ members voted to break away from the national church to join the Anglican Church of America.

It remains the only Nebraska parish to break from the national church but is among dozens of others across the country that have done so. The Nebraska diocese includes more than 50 parishes.

Episcopalians have been divided for decades over topics ranging from salvation to whether the Bible condemns gay relationships. But tensions heightened in 2003 when the Episcopal Church consecrated the first openly gay bishop, V. Gene Robinson of New Hampshire.

Angered by the liberal direction of the 2.1 million-member national church, some churches and even whole dioceses have voted to split off in recent years.

The Nebraska diocese doesn’t take issues with differences in beliefs, Bradford said. The St. Barnabas congregants are within their rights to believe what they wish.

“Because even though they had some problems with the direction the church was going theologically, it was our belief there was sure room for them,” Bradford said. “They could hold their views without any discipline coming from the bishop or anyone else.”

He said the diocese tried in earnest to settle the property dispute out of court after parishioners cast their vote in 2007. The lawsuit was filed in November.

Nebraska’s case is not unprecedented. The California Supreme Court, in a unanimous decision earlier this month, ruled that three Southern California parishes couldn’t retain ownership of church buildings and property they held title to.

It said that Episcopal Church canons made it clear that the property belonged to the individual parishes only as long as they remained part of the bigger church.