Christ Church Anglican faces new opposition

From Georgia-

Members of a church congregation who lost a fight to worship in their longtime home now face a battle over the location of their new sanctuary.

Christ Church Anglican, established by a group that separated from Savannah’s historic Christ Church five years ago over “profound and irreconcilable theological differences” plans to build a sanctuary and parish hall on the northeast corner of Drayton and 37th streets.

Church representatives obtained three of four variance requests for the project Thursday from the Zoning Board of Appeals.

The hearing was contentious, however. The plans pitted church members against neighborhood residents — and neighbors against neighbors in some instances. The project faces additional review by the staff of the Metropolitan Planning Commission and the Savannah city manager's office and could be subject to additional public hearings before construction can begin.

More here-

http://savannahnow.com/exchange/2013-04-26/christ-church-anglican-faces-new-opposition#.UXphjL9Oyp0

Church and state: Tough question for court

From Savannah-

Once again, Savannah is at the epicenter of the critical constitutional issue of separation of church and state, with far reaching implications to many religious organizations and their members throughout the country.

The recent petition of Christ Church to the U.S. Supreme Court sets the stage for a landmark decision testing the wall of separation between church and state. The issue is whether a national church can claim exclusive rights to local church property based on provisions of national church documents, despite changes in doctrine adopted by the national church.

Since the establishment of the colony, Georgia courts followed the English common law, and consistently held that the right to property in a dispute between a local congregation and a hierarchical, or nationally governed church, was to be decided by a jury based on whether the national church had abandoned or departed from the tenets of faith and practice it held at the time the local church affiliated with it.

This was known as the “departure from doctrine” rule. In 1969, in a landmark case which originated in Savannah involving Hull Memorial Presbyterian Church, the U.S. Supreme Court overturned Georgia law, holding that Georgia’s “departure from doctrine” rule violated the First Amendment and that property disputes involving churches could not be based on “ecclesiastical determination.”

Following that decision, Georgia adopted what it styled as a “neutral principles of law” approach to church property ownership, examining four elements relating to church property: Deeds, state statutes, local church charters and national church constitutions.

More here-

http://savannahnow.com/column/2012-04-11/nash-church-and-state-tough-question-court#.T4Vn8piOyfQ

Georgia's ‘Mother Church' fight going to Supreme Court

From Savannah, via Atlanta Journal Constitution- (Links to additional articles at bottom of post)

A Savannah congregation that split from the Episcopal Church in a dispute over homosexuality has asked the U.S. Supreme Court to hear its case over who owns the $3 million property of Georgia's "Mother Church.

" The breakaway congregation has been fighting for years for ownership of Christ Church's downtown Savannah sanctuary, built in 1840. The church was established by Georgia's colonial founders in 1733. The congregation's leaders confirmed Friday they had appealed to the U.S. Supreme Court after exhausting their legal options at the state level.

The breakaway group held onto the downtown Savannah property for more than four years after it left the Episcopal Church in 2007 for affirming its first gay bishop. A long court battle followed, with the Georgia Supreme Court ruling Nov. 21 that the church property rightfully belongs to the Episcopal Church under its governing hierarchy and bylaws. It's uncertain whether the nation's highest court will hear the case.

Leaders of the breakaway group say it warrants attention because there have been more than 50 similar church cases litigated in other states. "You've had different rulings from different jurisdictions," said John Albert, board chairman for the breakaway congregation. "We've always felt like this was going to have to get settled at the Supreme Court level."

More here-

http://www.ajc.com/news/georgias-mother-church-fight-1396613.html

From AP

http://onlineathens.com/local-news/2012-03-23/savannah-church-fight-appealed-supreme-court

From Georgia Public Broadcasting-

http://www.gpb.org/news/2012/03/23/church-dispute-goes-to-supreme-court#

From Savannah Morning News-

http://savannahnow.com/news/2012-03-23/christ-church-savannah-turns-us-court-property-flap#.T225aJiOyfQ

Christ Episcopal Church meets

From Savannah-

More than 450 people flocked to Christ Episcopal Church Sunday for two services in their return to the Johnson Square church they vacated four years ago in a theological rift with their Anglican brethren.

The Episcopal group regained possession of the church last Monday and have been cleaning and preparing this week for their return,

That follows a four-year court battle over who owned the church and church property.

http://savannahnow.com/news/2011-12-19/christ-episcopal-church-meets#.Tu8tFmDMcVk

Episcopalians in Savannah return to worship at Ga. 'Mother Church' after winning court battle

From Savannah-

Episcopalians in Savannah are returning to worship at the sanctuary known as Georgia's "Mother Church" for the first time in years after winning a long legal battle.

Georgia's Episcopal diocese is holding its first Sunday service at Christ Church since 2007, when the congregation broke away from the denomination in a dispute over homosexuality and other doctrinal issues. The breakaway congregation held onto the $3 million church property in downtown Savannah throughout a court battle over which group rightfully owned it.

The Georgia Supreme Court ruled last month in favor of the Episcopal Church. The breakaway group moved out Monday and is holding Sunday services at another local church.

Gen. James Edward Oglethorpe set aside land for Christ Church in Savannah after he founded the colony of Georgia in 1733.

http://www.therepublic.com/view/story/57f536dda9a7441294ab459f55356903/GA--Church-Fight/

Christ Church Episcopal returns home

From Georgia-

Christ Church on Johnson Square on Monday was quietly returned to its Episcopal congregation after a four-year absence.

The noon handoff of keys to the church completed an agreement reached Dec. 1 between the break-away congregation, Christ Church Anglican, which agreed to return possession of the property to Christ Church Episcopal in accordance with a Nov. 21 Georgia Supreme Court ruling for the Episcopal group. They asked to have until noon yesterday to comply.

The actual handoff of keys between the top two members of the church’s governing board, senior warden Mimi Jones and junior warden Margaret Miller with Christ Church Episcopal, and Joan Malley, parish administrator of the departing congregation, was followed by prayer with the Rev. Michael White, Diocesan spokesman, the Rev. Frank Logue, said.

He described Malley as being helpful with the maintenance of records and other documents for the quiet exchange.

More here-

http://savannahnow.com/news/2011-12-12/christ-church-episcopal-returns-home#.TudDwGDMcVk

Chrish Church property transfer settled

From Georgia-

The breakaway congregation at Christ Church on Johnson Square will return possession of the church to the Episcopal diocese and its local congregation at noon Dec. 12, a diocesean spokesman said Thursday.

The agreement, reached in accordance with a Nov. 21 state Supreme Court ruling, will transfer the property to the Diocese of Georgia and Christ Church Episcopal, the Rev. Frank Logue said.

“Christ Church Episcopal will hold its first service in its historic home on Johnson Square on Sunday, Dec. 18, with two services,” Logue said.

Christ Church Episcopal left the church property four years ago in a flap with the breakaway group that remained after a dispute with the national church over the affirmation of an openly gay bishop, Gene Robinson, in New Hampshire.

Chatham County Superior Court Judge Michael Karpf and a three-judge panel of the State Court of Appeals ruled with the Episcopal Church group in litigation.

On Nov. 21, the Georgia Supreme Court ruled with the two lower courts that the local church and its property belonged to the Episcopal Church and not the local congregation.

“Despite the lawsuit, the departing congregation has been very gracious about this, and we want to be as well,” Logue said.

More here-

http://savannahnow.com/news/2011-12-02/chrish-church-property-transfer-settled#.TtjBvWDMcVk

Also here-

http://washingtonexaminer.com/news/2011/12/breakaway-group-return-church-after-court-loss/1966611

Church, defectors fight over building in Savannah

From Georgia-

The bookshelves in the Rev. Marc Robertson's office are empty. Actually, most of the rooms inside Christ Church in Savannah are quite bare, suggesting the oldest church in Georgia may be moving.

Maybe, indeed, though part of that congregation would argue it already has moved. After breaking away from the Episcopal Church in 2007, Christ Church has battled with the Diocese of Georgia over who has the right to worship in the large-columned building in downtown Savannah.

Both the Chatham County Superior Court and Georgia Court of Appeals ruled that the Episcopal Church - like all hierarchical churches - hold the rights to the real estate of all its parishes.
But Christ Church members believe that because they formed the church before the Episcopal Church existed, they are in their proper home.

Now they hope the state Supreme Court will decide who gets the keys. And they believe that decision could affect a lot more than one congregation.

"A lot of this is an issue that is much bigger than we are," said Robertson, who preached at the church long before it turned in its Episcopal affiliation. "We believe we have an opportunity to get a lot of churches to ask a lot of questions."

http://onlineathens.com/stories/101510/liv_720645140.shtml

Break-away Savannah church calls out Christian 'heresy' in new video

From Georgia-

A downtown congregation that broke from the Episcopal Church three years ago has now released a video on its theological beliefs.

Leaders of Christ Church in Savannah are using the 30-minute video titled "Stand With Us" to strike out against the "heresy" they say is present among some Christians today.

"Some lay persons as well as clergy in mainline denominations have succumbed to the allure of the secular culture," said the Rev. Marc Robertson, according to a statement released Wednesday.

"Some of these modern distortions present Jesus Christ as one 'savior' among many, or the Holy Spirit as the inner voice of one's opinion, or human sexuality as a matter of personal preference," he said. "The often subtle accommodations are usually accompanied by a demand for total acceptance based on love."

More here-

http://savannahnow.com/news/2010-09-09/break-away-savannah-church-calls-out-christian-heresy-new-video

Christ Church at center of lawsuit, controversy

From Georgia-

The "Mother Church" of Episcopalianism in Georgia has sharp divisions that reflect national trends in that denomination -- and have led to a protracted lawsuit.

There has been unrest in some Episcopal churches and even dioceses across the country because of issues with the national Episcopal Church body including the decision a few years ago allowing openly gay men and women to be ordained. The deep divisions made the Top 10 list of stories for the Religion Newsrwriters Association annual list in 2008.

New congregations have been formed across the country -- including New Life in Christ Anglican Church in Newnan and All Saints Anglican Church in Peachtree City -- that have aligned themselves with more conservative groups. All Saints is aligned with the Anglican Church in North America, the Convocation of Anglicans in North America and the American Anglican Council.

Generally, church properties have remained with the congregants who are part of Episcopal Church dioceses affiliated with the national body in New York.

Christ Church in Savannah, however, is an exception -- at least for now.

There are technically two Christ Church congregations in Savannah. They have dueling Internet websites -- and an ongoing legal contest.

More here-

http://www.times-herald.com/religion/Christ-Church-at-center-of-lawsuit--controversy---1251688

Christ Church appeals to Georgia Supreme Court

From Savannah-

Leaders of Christ Church in Savannah have asked the state's top court to review a July 8 Court of Appeals decision that the church's historic downtown property belongs to the Episcopal Church.

On Wednesday, Christ Church officials appealed to the Georgia Supreme Court a recent ruling of the Georgia Court of Appeals upholding Judge Michael Karpf’s decision issued in October 2009 against Christ Church and in favor of the Diocese of Georgia and The Episcopal Church.

That decision upheld the plaintiff’s argument that Christ Church holds its property in trust for the Diocese and the national church, based on a 1979 national church canon which was enacted without notification prior to or following its adoption.

The church had until Wednesday to file documents with the Supreme Court asking it to review the case.

"If we deny it, then it's denied and over," explained Lynn Stinchcomb, deputy clerk of court for the state Supreme Court.

If the court agrees to hear the case, a final ruling in the two-and-a-half-year-old property dispute between the national Episcopal Church and its former congregation could be postponed months.

"The court generally rules on them pretty quickly, within just a few months," she said.

http://savannahnow.com/latest-news/2010-07-28/christ-church-appeals-georgia-supreme-court

Appeal In Episcopal Split Case

From Orlando but about Savannah-

Members of Georgia's oldest Episcopal church are making one more appeal in their long-running fight to hang on to a church they believe is theirs.

Savannah's 277 year-old Christ Church broke off from its diocese over a raft of issues dividing Anglicans world-wide, including the ordination of gay priests.

Recently, a state appeals court ruled, church members had to give their historic building back to the diocese

Pastor Marc Robertson says, although church leaders are appealing to the state Supreme Court, they're also prepared to leave their sanctuary, which is worth millions of dollars and occupies a very prominent location downtown.

"The church is not brick and mortar. The church is people," Robertson says. "We may have an opportunity to live that out in a way that very few American congregations have a chance to experience."

Robertson says, church leaders are meeting with church members in small groups this month to prepare for what might come next.

"The Independent Presbyterian Church in Savannah, another old, historic downtown church has most graciously offered their facilities for us," Robertson says.

More here-

http://www.gpb.org/news/2010/07/16/appeal-in-episcopal-split-case

Christ Church to ask Supreme Court again to review property dispute

From Georgia-

Leaders of Christ Church in Savannah say they plan to ask the state’s top court to review a July 8 Court of Appeals decision that the church’s historic downtown property belongs to the Episcopal Church.

“We had decided some time back that we would pursue any reasonable, legal option,” Christ Church rector the Rev. Marc Robertson said today. “We feel like an appeal to the Georgia Supreme Court is a reasonable option, and it’s our legal right to do that.”

Christ Church's own attorney has said it is "unlikely" the court will hear the case.

In its July 8 ruling, the appellate court praised a Chatham County judge's 2009 ruling in favor of the Episcopal Church as “thoroughly and correctly" detailing the church history and the relevant law involved.

If the Supreme Court does agree to review the case, the process could delay another several months a final ruling in the two-and-a-half year property dispute between the denomination and its former congregation on Johnson Square.

http://savannahnow.com/latest-news/2010-07-15/christ-church-ask-supreme-court-again-review-property-dispute

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.

More here-

http://www.leagle.com/unsecure/page.htm?shortname=ingaco20100708200

Appellate court rules in favor of Episcopalians in property dispute

From Georgia-

The state's Court of Appeals issued a ruling Thursday in favor of the Episcopal Diocese of Georgia and the national church in their two-and-a-half year property dispute with a breakaway congregation.

A three-judge panel upheld Chatham County Superior Court Judge Michael Karpf's 2009 decision naming the Episcopal Church the rightful owners of Christ Church in Savannah.

Church members and leaders have continued occupying the historic Johnson Square house of worship since voting to leave the denomination in September 2007, when they accused the national church of straying from the Bible.

They now have until July 18 to notify the courts whether they will continue with the appeal.

Christ Church attorney Neil Creasy expressed dismay with the ruling.

"It's unlikely the state Supreme Court will take the case," Creasy said. "It's obvious they didn't want to hear it, and so they sent it down to the Court of Appeals."

The Right Rev. Scott Anson Benhase, bishop of the Episcopal Diocese of Georgia, released a statement Thursday praising the "sound judgement and wisdom of the court."

More here-

http://savannahnow.com/news/2010-07-09/appellate-court-rules-favor-episcopalians-property-dispute

Breakaway Christ Church appeals to state supreme court

From Savannah-

Leaders of Christ Church of Savannah are asking the Georgia Supreme Court to reverse a decision earlier this week granting ownership of the historic building and property to the Episcopal Diocese of Georgia.

Christ Church member and attorney Neil Creasy said church officials filed a notice of appeal Thursday in Chatham County seeking to reverse Superior Court Judge Michael Karpf's ruling Tuesday granting the diocese "immediate possession" of the church property.

Creasy said the process should allow the congregation to remain on the property in Savannah's historic district until the state Supreme Court responds. "This is another step in what we knew would be a long process," said Christ Church rector the Rev. Marc Robertson in a written statement released Thursday afternoon.

The Diocese of Georgia followed up with a statement Thursday saying the appeal was expected. "We are confident that the Superior Court ruling was the correct ruling, and we look forward to the Georgia Supreme Court affirming that," said the Rev. James Parker, spokesman for Bishop Henry I. Louttit. Creasy said Christ Church officials felt encouraged to continue the battle for church property by a recent South Carolina Supreme Court decision ruling in favor of a Pawley's Island parish that broke away from the Diocese of South Carolina.

More here-

http://savannahnow.com/news/2009-10-30/breakaway-christ-church-appeals-state-supreme-court

Judge Rules Against Breakaway Church

From Georgia Public Broadcasting-

Members of a breakaway Anglican church in Savannah will have to give historic Christ Church back to the Episcopal Diocese.

Savannah Superior Court Judge Michael Karpf ruled on Tuesday that the 276 year-old church belongs to the diocese.

The church's more conservative members broke away from the diocese two years ago over theological issues, claiming the historic sanctuary as theirs.

Since then, the church's more liberal members have been meeting at another local church and hoping to return to what both sides consider their spiritual home.

The ruling paves the way for the more liberal faction to return, but Christ Church officials say, it's very likely that they'll appeal the ruling.

"That's obviously an option," says Marc Roberston, a pastor at Christ Church. "But right now, we're reviewing the ruling and calling people together for prayer."

Robertson said, a formal decision to appeal the ruling could be made at a vestry meeting on Wednesday evening.

Meanwhile, for those Christ Church members who have been meeting at St. Michael and All Angels Episcopal Church, there's some relief.

"We are looking forward to working with the church in the restoration of the property to the Diocese in an orderly and prayerful transition," says Jim Parker, a spokesman for the Diocese. "Having gone through the process of losing the church facility, we understand that the folks on the losing end are also going through those same feelings."

More here-

http://www.gpb.org/news/2009/10/28/judge-rules-against-breakaway-church

Judge rules against breakaway Christ Church

From Savannah-

A two-year legal battle over ownership of the 276-year-old Christ Church came to a close in Chatham County court Tuesday with a judge ruling in favor of the national Episcopal Church's claims to the historic property.

Superior Court Judge Michael Karpf rejected the argument of former members and clergy who broke away from the Episcopal Church in 2007 that the church belonged to them.

The ruling grants "immediate possession" of Christ Church Savannah and its property in the city's historic district to the Right Rev. Henry I. Louttit, bishop of the Episcopal Diocese of Georgia.

Louttit was out of town and unavailable for comment Tuesday. The bishop's spokesman, the Rev. James Parker, said the diocese will work with attorneys and leaders of the breakaway group to arrange "an orderly transfer of the property."

"The Episcopal Diocese of Georgia is pleased with today's court ruling returning the historic property of Christ Church to the Diocese and to the Episcopal Church," Parker said.

Carol Rogers Smith, senior warden of Christ Church and a defendant in the law suit, said attorneys and leaders are reviewing the order.

"We have received Judge Karpf's ruling. We are in consultation with our counsel, and we are in prayer," she said.

More here-

http://savannahnow.com/news/2009-10-28/judge-rules-against-breakaway-christ-church