(Savannah) ”“ The former rector and vestry of Christ Church, Savannah should return all real and personal property to the Diocese of Georgia immediately. That according to a “Petition for Declaratory Judgment Interlocutory and Permanent Injunction and for Damages” filed on behalf of the Episcopal Bishop of Georgia in Chatham Superior Court November 14, 2007.
The Diocese of Georgia is petitioning the Court to declare that the former rector and vestry may not divert, alienate, or use the real or personal property of Christ Church except for the Church’s mission, as provided by and in accordance with the Constitutions and canons of the Episcopal Church and the Diocese of Georgia; to declare that all real and personal property of Christ Church is held in trust for the Episcopal Church and the Diocese of Georgia; and issue a permanent injunction ordering defendants to stop diverting, alienating, or using the real or personal property of Christ Church except for the Church’s mission, as provided by the Constitutions and canons of the Church and the Diocese of Georgia; to render to the Diocese an accounting of all real and personal property held by Christ Church as of March 30, 2006 and also as of September 30, 2007; and to relinquish control of the real and personal property held by Christ Church to the Diocese of Georgia; to award judgment in favor of the Episcopal Diocese of Georgia and against the former rector for all pecuniary benefits received by him from Christ Church from March 30, 2006; award judgment against the former rector and vestry for all sums used for and diverted to purposes other than for the mission and ministry of the Episcopal Church; and award such further relief as may be necessary and proper.
According to the Petition, former rector Marcus B. Robertson and the then wardens of Christ Church filed with the Georgia Secretary of State amended articles of incorporation purporting to repeal and annul prior articles of incorporation and removing any reference to the Episcopal Church and the Diocese of Georgia on or about March 30, 2006. The Bishop of the Diocese of Georgia was never notified of this action; however Robertson continued to receive pecuniary benefits from Christ Church.
By resolution dated September 30, 2007, and by letter dated October 1, 2007 Robertson and the former vestry of Christ Church advised the Bishop that they had placed themselves under the ecclesiastical jurisdiction of the Church of the Province of Uganda and had removed themselves from the ecclesiastical authority of the Episcopal Church and the Diocese of Georgia.
The defendants did not seek authorization, and neither the Bishop nor any other authority of the Diocese has granted authorization, for Christ Church to terminate its relationship as a parish in the Diocese of Georgia. Further the defendants did not seek authorization, and The Bishop of Georgia has not authorized defendants, to occupy and use the real property of Christ Church for the purpose of worshipping in alignment with the Anglican Province of Uganda, any mission of the Anglican Province of Uganda, or any other body or entity.
Robertson is no longer a priest in the Episcopal Church or the Diocese of Georgia, and he is no longer rector of Christ Church. Based on the departure of Robertson and the wardens and other members of the vestry from the Episcopal Church and their alignment with the Church of the Province of Uganda and further based on the requirements of Episcopal Church Canon I.17.8, the Bishop removed each defendant from his or her position at Christ Church. By their formal alignment with the Church of Uganda and their departure from union with the Diocese of Georgia, defendants have relinquished all legal right to possess or control the real and personal property held by Christ Church.
In order to make provisions for the spiritual guidance and pastoral care of the remaining members of Christ Episcopal Parish who wish to continue within the doctrine, discipline, and worship of, and to continue the mission of, the Episcopal Church and the Diocese of Georgia., the Bishop of Georgia has appointed The Reverend Canon Neal Phelps as priest-in-charge of Christ Church; and commended the remaining members of Christ Church to Father Phelps’ care. In order to fulfill his duties as priest-in-charge and to care for the remaining members of Christ Church, Father Phelps is entitled under the laws of the Episcopal Church and the Diocese to the possession and use of the real and personal property of Christ Church.
However, by letter dated October 1, 2007, Robertson and the former vestry of Christ Church publicly disavowed the interests of the Diocese and the Episcopal Church to the Church’s property and asserted that the property would be used by them as part of the Church of Uganda. They continue to claim possession and control of the real and personal property of Christ Church to this date.
According to the complaint, the real and personal property of Christ Church may lawfully be used only for the mission of the Episcopal Church and the Diocese of Georgia, and such property continues to be subject to the trust for the Episcopal Church and the Diocese of Georgia, to be used by those and for those who continue to worship in union with and carry out the mission of the Episcopal Church and the Diocese of Georgia.