RECTOR v. BISHOP OF EPISCOPAL DIOCESE OF GEORGIA, INC.

Here's the full text from the Georgia Court of Appeals-

This appeal involves a dispute over church property between the National Episcopal Church[ 1 ] and Rector, Wardens and Vestrymen of Christ Church in Savannah [hereinafter "Christ Church"], a parish of the National Episcopal Church that has sought to disaffiliate and that has retained control of church property.[ 2 ] At issue is whether the church property is impressed with a trust in favor of the National Episcopal Church. Both parties filed motions for summary judgment. The trial court granted the National Episcopal Church's motion for summary judgment and denied Christ Church's motion for summary judgment, finding that even though the parish owns its real estate, the discipline, canons, and constitutions of the National Episcopal Church and the Diocese of Georgia established an implied and express trust over the property for the use of the National Episcopal Church. We find no error and affirm the trial court's order. In fact, Superior Court Judge Michael Karpf, in his twenty-one page order, thoroughly and correctly detailed the history of Christ Church and the National Episcopal Church, and he properly analyzed the relevant statutes and church documents. We have incorporated much of his order in our opinion.

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