SC judge rules breakaway Diocese in Episcopal split can keep properties

From South Carolina-

A South Carolina circuit judge ruled Friday congregations that broke away from the Episcopal Church in 2012 can keep their properties, a decision likely to setup another legal skirmish in the multi-year dispute. 

First Circuit Judge Edgar W. Dickson granted the motion by the Anglican Diocese of South Carolina asking for clarification on a 2017 ruling involving the schism between the Diocese and the defendants, The Episcopal Church and The Episcopal Church in South Carolina. 

The ruling, which involves 36 properties from the Grand Strand to the Lowcountry and valued at $500 million, orders the plaintiff parishes be “affirmed as the title owners in fee simple absolute of their respective parish real properties.”

More here-

https://www.postandcourier.com/news/sc-judge-rules-breakaway-diocese-in-episcopal-split-can-keep-properties/article_9561ccec-b486-11ea-ba66-4fe6694f887c.html

South Carolina judge issues ruling contrary to state Supreme Court decision in church property case

From ENS-

South Carolina Circuit Court Judge Edgar Dickson, tasked in November 2017 by the South Carolina Supreme Court with a remittitur to enforce the final judgment of the Supreme Court, which ruled in August 2017 that the diocesan property and 29 parishes should be returned to the parties affiliated with The Episcopal Church, issued an order on June 19 that seems to be contrary to the Supreme Court’s decision.

In his order, he ruled that the properties instead belong to each congregation, using the application of the neutral principles of law. His order indicates that the historic Episcopal Diocese of South Carolina has no interest in the properties of the breakaway congregations that left the historic diocese and The Episcopal Church.

While the August 2017 final judgement of the South Carolina Supreme Court was based on a finding that these specific diocesan properties had acceded to the 1979 Dennis Canon, Dickson found no explicit accession existed. As noted in the order, the 1979 Dennis Canon states the following:

More here-

https://www.episcopalnewsservice.org/2020/06/19/south-carolina-judge-issues-ruling-contrary-to-state-supreme-court-decision-in-church-propertycase/

Christian leaders don’t see coronavirus pandemic as God’s way of punishing humankind

From South Carolina-

In the wake of crises, questions often arise in religious circles about God’s role in human suffering.

The coronavirus has been no different, as thousands die and leave behind mourning loved ones.

As communities attempt to decipher whether the coronavirus is God’s way of punishing humankind for the violence, injustices and other wrongdoings that persist in the world, religious leaders caution against drawing correlations between human sin and undesirable conditions. 

For Christians, ideas about God’s role in human pain should attempt to make sense of three truths: God loves humankind, God is all powerful, and evil exists, said R.J. Gore, who serves as Dean of Erskine Theological Seminary.

“Those are the things you have to square,” Gore said. “So many different viewpoints deal with the problem by putting one of the three away.”

More here-

https://www.postandcourier.com/health/covid19/christian-leaders-don-t-see-coronavirus-pandemic-as-god-s/article_16703eda-6de8-11ea-a66c-a31462e1c9ed.html

St. Michael and All Angels Episcopal Church members feed the hungry in lay ministry

From South Carolina-

A thin man wearing hospital clothes sits at a small table inside St. Michael and All Angels Episcopal Church.

“I haven’t eaten in two days,” he said after answering questions from Jean Brown, an intake volunteer who fills out paperwork.

The man is one of about 20 people waiting in line at any given time on a Tuesday morning in the fall outside the Waters Avenue church across from Daffin Park.

The people can work, but most people receiving food have to make a tough choice: Pay bills or buy food, according to church food ministry director Judy Berube.

“We’re meeting that need they have so they can pay bills,” Berube said.

‘Content with anything’

Some people in line look polished, like they are dressed for church service. Others wear worn clothes, and around noon at least three people wait using walkers.

More here-

https://www.blufftontoday.com/news/20200106/st-michael-and-all-angels-episcopal-church-members-feed-hungry-in-lay-ministry

Federal judge grants majority of Diocese of South Carolina’s motion to enforce injunction

From ENS-

U.S. District Court Judge Richard M. Gergel issued an order and opinion on Dec. 18, granting in part the motion to enforce the injunction filed by The Diocese of South Carolina, also known as The Episcopal Church in South Carolina, on Nov. 11. In the order, the judge notes: “The Defendants [the disassociated diocese] here clearly violated the terms of the Court’s Order and Injunction.” Furthermore, Gergel’s order denied the motion to stay the injunction filed by the disassociated diocese.

In the petition on Nov. 11, the Diocese of South Carolina requested enforcement of the court’s order and opinion and permanent injunction issued on Sept. 19. The petition cited numerous examples that prove continued violations of the injunction by the disassociated diocese as it “hold(s) itself out to be the Historic Diocese in many respects.”

In yesterday’s ruling, Gergel ruled that “the Court finds that Defendants violated the Court’s Order and Injunction by continuing to use the terms ‘Founded in 1785,’ ‘14th Bishop,’ ‘XIV Bishop,’ and ‘229th Diocesan Convention.’” He further noted that the defendant’s use of these terms and phrases violate the order and injunction by “continuing to claim goodwill as a successor to the Historic Diocese when only TECSC [The Episcopal Church in South Carolina] has that right.” He, therefore, issued a permanent injunction prohibiting the disassociated diocese from using any and all of these terms.

More here-

https://www.episcopalnewsservice.org/2019/12/19/federal-judge-grants-majority-of-diocese-of-south-carolinas-motion-to-enforce-injunction/

Breakaway diocese in South Carolina loses legal battle to keep its name

From The Church Times-

A DIOCESE in South Carolina which broke away from the Episcopal Church in the United States after years of disagreements over issues including the ordination of openly gay clerics has lost a drawn-out legal battle to keep its name.

The breakaway diocese was known as the Diocese of South Carolina. It left the Episcopal Church in 2012 (News, 23 November 2012). The parties have since been entangled in a dispute over the right of the congregations of the breakaway diocese to retain their identity and property, including 29 parish churches valued at $500 million (News, 15 June 2018).

On 21 September, however, a district court in Charleston ruled in favour of the Episcopal Church and its diocese — the Episcopal Church in South Carolina — in a trademark case that compelled the breakaway diocese to change its name. The Judge, Richard M. Gergel, issued an injunction which prevented the breakaway diocese and its parishes from using the original seal and names of the diocese. These are: “Diocese of South Carolina”, “The Episcopal Diocese of South Carolina”, and “The Protestant Episcopal Church in the Diocese of South Carolina”.

More here-

https://www.churchtimes.co.uk/articles/2019/4-october/news/world/breakaway-diocese-in-south-carolina-loses-legal-battle-to-keep-its-name

Judge finds breakaway diocese infringed Episcopal TMs

From South Carolina-

A US judge has ordered a former South Carolina diocese of the Episcopal Church to change its name, after concluding the breakaway group was infringing the Episcopal Church’s trademark-protected diocesan shield.

On Thursday, September 19, District Judge Richard Gergel issued an injunction against the breakaway diocese, ordering the group not to use nine trademarks associated with the Episcopal Church and its The Episcopal Church in South Carolina, an affiliate of the national church.

The lawsuit, which was filed in March 2013, arose out of a schism in 2012, when then-bishop Mark Lawrence departed from the national church.

More here-

https://www.worldipreview.com/news/judge-finds-breakaway-diocese-infringed-episcopal-tms-18674

Federal judge rules in favor of Episcopal Church in South Carolina in trademark infringement case

From ENS-

U.S. District Court Judge Richard Gergel ruled in favor of The Episcopal Church in South Carolina today on the trademark infringement and false advertising lawsuit filed in 2013. Saying that “The time has come for this dispute to be resolved,” Judge Gergel granted the plaintiff’s (the Bishop of The Episcopal Church in South Carolina(TECSC)) motion for summary judgement, and declared that the group that disassociated from The Episcopal Church (TEC) in 2012 (and all affiliated churches) can no longer use the name “Diocese of South Carolina” nor use the “diocesan seal” or “Episcopal shield.”

The federal case, known as vonRosenberg v. Lawrence, was filed in March 2013, a few months after Mark Lawrence and a breakaway group announced they were leaving The Episcopal Church. The suit involves a claim of false advertising under the federal Lanham Act. At that time, Bishop Charles vonRosenberg was the only bishop recognized by The Episcopal Church and the Anglican Communion as bishop of the Diocese of South Carolina. According to the lawsuit, by continuing to represent himself as bishop of the diocese, Mark Lawrence is committing false advertising.

More here-

https://www.episcopalnewsservice.org/pressreleases/federal-judge-rules-in-favor-of-episcopal-church-in-south-carolina-in-trademark-infringement-case/

Holy Comforter priest: Betterments is a 'Plan B'

From South Carolina-

A circuit court judge's ruling this week that a state church district of about 50 congregations would still have the right to compensation for improvements it made to parishes, even if it lost property ownership to a national church group, is a good "Plan B option," according to a local priest.

The Rev. Marcus Kaiser, rector of Church of the Holy Comforter, 213 N. Main St., spoke Thursday about various scenarios that could play out in a back-and-forth legal case between the state diocese that his parish is part of and the national Episcopal Church.

The Diocese of South Carolina split from the national church group in 2012 because of theological concerns and is now part of The Anglican Church in North America.

Since 2013, the Episcopal Church has said that 28 parishes' property from the breakaway group in the state belong to it, pointing to an imposed trust from 1979. Two parishes in Sumter County - Church of the Holy Comforter and The Church of the Holy Cross in Stateburg - are part of the diocese in the legal battle.

More here-

https://www.theitem.com/stories/holy-comforter-priest-betterments-is-a-plan-b,332734

Bell-ringing ceremony to mark anniversary of first slaves landing in U.S.

From South Carolina-

The Most Rev. Michael Curry, presiding bishop of the Episcopal Church, invited all Episcopal churches to participate in what is being called a day of healing.

Each Church will ring their bells one minute for each of the four centuries that have passed since slavery began on wh
at is now American soil.

Many Episcopal churches were active in the civil rights movement, which is commemorated in a stained glass at St. Athanasius Episcopal Church on Albany Street in Brunswick. The stained glass memorializes martyrs of the movement.

St. Athanasius will hold its own bell-ringing observance.

Terry E. Brown, superintendent of Fort Monroe, stressed that Sunday’s event will be somber.

More here-

https://thebrunswicknews.com/news/local_news/bell-ringing-ceremony-to-mark-anniversary-of-first-slaves-landing/article_631d50c3-3d76-5c2d-9c07-ed259708a97d.html

Judge orders all parties into mediation in South Carolina church property case

From ENS-

After a two-hour hearing at Calhoun County Courthouse in St. Matthews, SC, this morning, First Circuit Court Judge Edgar Dickson ordered all parties—The Episcopal Church in South Carolina (TECSC) and The Episcopal Church, along with a group that broke away from the Church in 2012—to enter into mediation in the ongoing dispute over enforcing the South Carolina Supreme Court’s 2017 decision on diocesan and parish properties.

The hearing was initially in regard to a lawsuit filed against TECSC and The Episcopal Church by the breakaway group that has come to be known as the Betterments Act case. It was filed in November 2017 and cites the little-used Betterments Act statute to seek compensation from TECSC and The Episcopal Church for the cost of improvements made to the properties over the years. That suit followed a decision by the South Carolina Supreme Court on August 2, 2017 ruling that all diocesan property and the property of 29 parishes is held in trust for The Episcopal Church and TECSC.

During the hearing, attorneys for TECSC and The Episcopal Church argued the grounds for dismissal of the case, per their motion filed on December 15, 2017. During the course of the arguments, Judge Dickson asked several questions on issues surrounding ownership and trusteeship of the involved properties.

More here-

https://www.episcopalnewsservice.org/pressreleases/judge-orders-all-parties-into-mediation-in-south-carolina-church-property-case/

Circuit court orders mediation in Episcopal dispute

From South Carolina-

On the heels of the South Carolina Supreme Court on June 28 denying a petition by the Episcopal Church in South Carolina to dismiss the case, 1st Circuit Judge Edgar W. Dickson resumed proceedings on the related legal matters.

A hearing on Betterments Statute issues, which had been canceled in March when TECSC petitioned the high court, was held Tuesday at Calhoun County Courthouse in St. Matthews.

The Betterments Statute, under South Carolina law, provides the means for a party making good faith improvements to property they believe they own, to be compensated for the value of those improvements, if a court makes a final determination that another party is the true owner. Many of the parishes in the Diocese of South Carolina can trace their history back to the colonial era of the state. During that entire time, there has never been any question of their unencumbered title to property or legal identity. All have proceeded throughout their history with the maintenance and improvement of their properties with these assumptions.

More here-

https://thetandd.com/news/local/circuit-court-orders-mediation-in-episcopal-dispute/article_bda844b7-2108-5b2d-b804-bc29ab449667.html 

and here-

https://www.counton2.com/news/judge-orders-all-parties-into-mediation-in-church-property-case/

State Supreme Court denies Episcopal Church petition

From South Carolina-

The S.C. Supreme Court has denied a petition from The Episcopal Church and The Episcopal Church in South Carolina asking the court to enforce its decision about 29 properties currently held by a breakaway group.

The Supreme Court ruled in August 2017 that the Protestant Episcopal Church in the Diocese of South Carolina, which broke away from the national Episcopal Church in 2012, must return the properties, which include St. Philip’s Church on Church Street and St. Michael’s Church on Broad Street.

That ruling, which reversed a 2015 circuit court decision, was written collectively by all five justices, and some of their opinions were contradictory. The task of enforcement then fell to 1st Circuit Judge Edgar Dickson to enforce the Supreme Court’s decision.

The Episcopal Church argued in March that Dickson had “unduly delayed” acting and the Supreme Court needed to step in.

More here-

https://charlestonbusiness.com/news/real-estate-commercial/76689/ 

also here-

https://thetandd.com/news/local/s-c-supreme-court-says-st-circuit-court-will-resolve/article_ffa53448-83ad-5c7f-977a-0b551ca7b548.html

Episcopal Church of SC files complaint against insurance company

From South Carolina-

The Episcopal Church of South Carolina filed a complaint in federal court against its insurance company.
 

Court documents show the insurance company, Church Insurance Company of Vermont, wrongfully made secret payments to churches that sued the Episcopal Church, helping to fund their litigation against the diocese.

The complaint specifically names St. Philip's in downtown Charleston and seeks actual and punitive damages from the insurance company.

According to the complaint, the church discovered that the company paid insurance proceeds to at least one of the disaffiliated parishes, St. Philip’s Church in downtown Charleston. This discovery came through an annual report published online by St. Philip’s that said “After spending for TEC legal fees, Loan Amortization, and Capital Expenditures, St. Philip’s incurred a net cash deficit of $79,045. However, roughly half of the TEC Legal Fees were eligible for partial reimbursement from the Church Insurance Co. of Vermont, totaling some $111,749.”

 More here-

https://www.counton2.com/news/south-carolina-news/episcopal-church-of-sc-files-complaint-against-insurance-company/2071182297

Episcopal parties seek summary judgment in lawsuit

From South Carolina-

The Episcopal Church in South Carolina and The Episcopal Church have asked the U.S. District Court to grant motions for summary judgment and call a halt to the “pervasive” public confusion caused by a group that broke away from the church yet continues to use Episcopal names and marks.

The motion asks U.S. District Judge Richard M. Gergel to prohibit false advertising and the use of confusing names and marks by the breakaway group and its affiliated churches. A motion for summary judgment is a request for the court to rule that the other party has no case, because there are no facts at issue.

“The public confusion resulting from Defendants’ conduct is pervasive,” according to a memo filed by TECSC on Dec. 7 in support of the motion. “It is undeniably causing irreparable harm to The Episcopal Church, and more locally, to TECSC and its Bishops. All that the Plaintiffs seek in this action is declaratory and injunctive relief, not damages (for which they could easily make a case).”

More here-

https://thetandd.com/news/local/episcopal-parties-seek-summary-judgment-in-lawsuit/article_f6e1198d-1005-52b5-98bf-a77aa1f0020c.html

Columbia church members head to North Carolina to assist with hurricane relief efforts

From South Carolina with video-

Members from St. Martin’s In the Fields Episcopal church packed their bags Sunday afternoon to head over to New Burn, North Carolina to assist with hurricane relief efforts.

Ten members left Columbia with four packed trucks and a trailer with disaster relief items to help with a week’s worth of work.

Mitchell Smith, Rector St. Martins in the field Episcopal Church said, “We just have a community that is about serving people and as a church, we believe we are the hands and feet of Christ in the world and it’s our opportunity to live that out and serve.”

A family from the New Burn area contacted Rector Smith and asked for a place to stay during the hurricane.

After the devastation, some parts of New Bern faced, they decided it was their calling to help those in need.

More here-

http://www.wistv.com/2018/09/23/columbia-church-members-head-north-carolina-assist-with-hurricane-relief-efforts/

Episcopal Church in Sc to host open conversations

From South Carolina-

The Episcopal Church in South Carolina (TECSC) will host three public open conversations held in Conway, Charleston and Bluffton between July 16-18 at 6 - 7:30 p.m.

TECSC is offering the open conversations to provide information and answer questions for people whose churches are affected by recent court decisions giving control of the property of the Diocese of South Carolina and 28 parishes to The Episcopal Church and its recognized diocese, The Episcopal Church in South Carolina.

“We understand this is a time of great concern and confusion for people who care deeply about their faith communities,” said the Right Rev. Gladstone B. Adams III, Bishop of TECSC. “We want to listen well and respond to their questions in order to offer a clear picture of how people can remain in their churches as part of The Episcopal Church.”

More here-

https://www.moultrienews.com/community-news/episcopal-church-in-sc-to-host-open-conversations/article_f1253968-7aec-11e8-9160-1f9f77e21332.html

Editorial: No 'winners' in bitter Episcopal church dispute

From South Carolina-

What is a church? Is it a group of like-minded people? A set of common beliefs? A tradition? A building?

For so many South Carolina churches, the answer is a combination of all of those things, which makes the dispute over 29 properties between the Episcopal Church in South Carolina and the breakaway Diocese of South Carolina so painful.

The 29 properties in question have centuries of history. They have offered places of worship to generations of Charleston area families and helped shape the city's spiritual culture almost since its founding. They are buildings and places, but they are much more than just walls and land.

On Monday, the U.S. Supreme Court declined to review a South Carolina Supreme Court ruling from August 2017 that granted control of the 29 disputed properties to the Episcopal Church in South Carolina, which remains connected to the national Episcopal Church. The state Supreme Court also refused in November to rehear the case despite the fact that one of the justices involved in the August ruling, Kay Hearn, has ties to a church associated with the national Episcopal Church.

More here-

https://www.aikenstandard.com/editorial-no-winners-in-bitter-episcopal-church-dispute/article_16bf0c20-717f-11e8-a8f7-176dfd152881.html

Supreme Court declines to hear appeal of South Carolina churches that broke away from Episcopalian church

From Christian Times-

The U.S. Supreme Court has refused to hear a case involving a group of churches seeking to keep $500 million worth of property in South Carolina after breaking away from the wider Episcopalian church.

In a petition filed in February, the breakaway group, which refers to itself as the Diocese of South Carolina, asked the high court to consider "whether the 'neutral principles of law' approach to resolving church property disputes requires courts to recognize a trust on church property even if the alleged trust does not comply with the state's ordinary trust and property law," according to Episcopal News Service.

The case was discussed by the justices at a conference on June 7, before it was rejected without comment on June 11.

The Diocese of South Carolina had decided to leave the Episcopalian Church due to disagreements about biblical authority, theology and inclusion of LGBT individuals in the church.

More here-

https://www.christiantimes.com/article/supreme-court-declines-to-hear-appeal-of-south-carolina-churches-that-broke-away-from-episcopalian-church/73917.htm

No 'winners' in bitter Episcopal church dispute

From Charleston-

What is a church? Is it a group of like-minded people? A set of common beliefs? A tradition? A building?

For so many South Carolina churches, the answer is a combination of all of those things, which makes the dispute over 29 properties between the Episcopal Church in South Carolina and the breakaway Diocese of South Carolina so painful.

The 29 properties in question have centuries of history. They have offered places of worship to generations of Charleston area families and helped shape the city’s spiritual culture almost since its founding. They are buildings and places, but they are much more than just walls and land.

More here-

https://www.postandcourier.com/opinion/editorials/no-winners-in-bitter-episcopal-church-dispute/article_8a2ff11e-6da2-11e8-acc6-0bf0c504364c.html