Tuesday, October 4, 2011
Connecticut Supreme Court rules for Episcopal Church in Bishop Seabury parish case
From ENS-
The Connecticut Supreme Court ruled unanimously Sept. 30 in favor of the Episcopal Church and the Diocese of Connecticut in two lawsuits brought to return to the church control of the real and personal property of Bishop Seabury Episcopal Church in Groton.
The lawsuits were filed after the former ordained and lay leadership of the parish chose to leave the Episcopal Church but had refused to relinquish possession of its property of the parish, which is named for the first Episcopal bishop and Groton native Samuel Seabury (1729-1796).
The state Supreme Court upheld lower court decisions that said the parish's real and personal property is held in trust for the diocese and the Episcopal Church.
The court noted one of its two rulings that the "highest courts of several other jurisdictions" have concluded that the church's "Dennis Canon" (Canon 1.7.4) applies in such cases.
The General Convention in 1979 approved Canon 1.7.4 which states that a parish holds its property in trust for the diocese and the Episcopal Church. The Dennis Canon applies, the court said, even if the property involved has been held in the name of the parish since before the canon was enacted. It said that it agreed with other courts which have ruled that the canon applies because Seabury, like other parishes, agreed at the outset to be bound by the denomination's constitution and canons, knowing that General Convention may change them in the future.
More here-
http://www.episcopalchurch.org/80263_130015_ENG_HTM.htm
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