Christ Church Savannah: GA high court sides with national Episcopal Church

THE ASSOCIATED PRESS
November 21, 2011

ATLANTA — Georgia's highest court has sided with the national Episcopal Church in a property dispute with the oldest church in Georgia.

The Georgia Supreme Court voted six to one to uphold a lower court's October 2009 ruling confirming the national Episcopal Church's claim to historic Christ Church in Savannah.

The dispute arose after members of the local congregation decided in 2007 to leave the Episcopal Church, which they said was straying from Biblical teachings. After the split, the Georgia diocese and the national church claimed ownership of the church building.

In the 45-page majority released Monday, Justice David Nahmias writes that the Episcopal Church passed the "Dennis Cannon" in 1979, which says any property held by a local congregation is held in trust for the national church and diocese. Story here (image by Raymond Dague)

Ruling-pdf

A.S. Haley: Georgia Supreme Court Awards Christ Church to Diocese on Implied Trust Theory
The Supreme Court of Georgia, in a 45-page decision which no doubt was lengthened by having to respond to a 96-page dissent, has decided the appeal of Christ Church, Savannah against the majority which voted to leave ECUSA and the Diocese of Georgia in 2006, and to award the property (four parcels, the first and principal one of which was granted to the local parish by the colonial authorities in 1759) to the minority who chose to remain in ECUSA...