From ENS-
The Georgia Supreme Court has affirmed a lower court ruling that the real property and other assets of Christ Church Episcopal in Savannah are held in trust for the Diocese of Georgia and the Episcopal Church.
The text of the 6-1 opinion, as well as the dissenting opinion, is here.
The court's opinion, issued Nov. 21, said that two lower courts properly applied the "neutral principals of law" approach, previously adopted by that court and approved by the U.S. Supreme Court as a constitutional method for resolving church property disputes.
The "neutral principles" approach requires courts to resolve church property disputes by examining deeds, state statutes, and the governing documents of the local and general church in order to discern whether local church property is held subject to any obligations to the larger church.
Supreme Court Justice David E. Nahmias, writing for the majority, said that "the record shows that at all times during the 180 years before this dispute began, Christ Church acted consistently with the Episcopal Church's canons regarding its property, demonstrating the local church's understanding that it could not consecrate, alienate, or encumber - much less leave with - its property without the consent of the parent church."
The opinion also said "the First Amendment allows Christ Church and its members to leave the Episcopal Church and worship as they please, like all other Americans, but it does not allow them to take with them property that has for generations been accumulated and held by a constituent church of the Protestant Episcopal Church in the United States of America."
More here-
http://www.episcopalchurch.org/80263_130565_ENG_HTM.htm
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