Thursday, November 2, 2017

Strong judicial disagreements fuel Episcopal controversy

From South Carolina-

As the Episcopal Diocese of South Carolina seeks mediation and a possible rehearing regarding its breakaway efforts from the national Episcopal Church, the following may be of interest to lay observers. It’s certainly of interest to me, a lifelong St. Philips' parishioner. But admittedly these are the talking points I’d be interested in further pursuing in terms of my own bias as the Diocese restates its case.

The S.C. Supreme Court first took a stand in this ongoing legal battle in 2009 when it ruled that All Saints Waccamaw rather than the national church had title to its property. That decision (as expressed by then Chief Justice Jean Toal) stated:

“We hold that neither the 2000 Notice nor the Dennis Canon (which says Episcopal church properties are held in trust for the national church) has any legal effect on title to the All Saints congregation’s property. A trust ‘may be created by either declaration of trust or by transfer of property…’ (Dreher v. Dreher, 2006.) It is an axiomatic principle of law that a person or entity must hold title to property in order to declare that it is held in trust for the benefit of another or transfer legal title to one person for the benefit of another.”

More here-

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