Court rules in favor of Pawleys Is. congregation

From the Charleston Post and Courier-

A Pawleys Island congregation, embroiled in litigation ever since it left the Episcopal Church in 2004, has won a major court battle over land and assets that could have wide implications for others looking to break away.

The S.C. Supreme Court unanimously ruled Friday that All Saints Church at Pawleys Island belonged to the independent corporation All Saints Parish, Waccamaw Inc. and not to the Episcopal Diocese of South Carolina, which had staked a claim to the property.

"When a vestry of a parish in the diocese votes to take action to leave the church, they cannot then hold an office as a vestry of the church from which they have voted to depart," wrote then-Bishop Edward L. Salmon Jr. soon after All Saints' vestry voted to break its ties with the Episcopal Church and modify its 1902 parish charter.

But last week, the state's highest court repudiated the diocese's claims, overturning an earlier Circuit Court verdict.

The court rejected the Episcopal Church's claim that "all real and personal property" used by a congregation, mission or parish "is held in trust for this church." That rule, codified in 1979 and called the Dennis Canon, makes it impermissible for congregations to assume ownership of church property. The Episcopal Church long has argued that when individuals choose to leave the church, dioceses and parishes remain intact and available to others who choose to remain, even if they constitute a minority of the congregation.

More here-

http://www.postandcourier.com/news/2009/sep/22/court-rules-in-favor-of-pawleys-is-congregation/