Please note: There is an important error in this article, which is that a statement of A.S. Haley, a lawyer, cited on this blog, is attributed to me–KSH.
A Pawleys Island congregation, embroiled in litigation ever since it left the Episcopal Church in 2004, has won a major court battle over land and assets that could have wide implications for others looking to break away.
The S.C. Supreme Court unanimously ruled Friday that All Saints Church at Pawleys Island belonged to the independent corporation All Saints Parish, Waccamaw Inc. and not to the Episcopal Diocese of South Carolina, which had staked a claim to the property.
For those without access to the paper copy who may be interested, this is on the bottom front page of the local section of today’s paper.
You would think that in this age a seasoned journalist like Munday would verify statements picked up off a blog before printing it and attributing it to someone.
Since All Saints had a quit claim deed fromt the diocese, the case could have been decided on this narrow issue. The present decision goes the way of neutral prinicples which will usually favor the local congregation which has a deed to their property.
This is a torpedo amidship for TEC. They could lose a lot of SC parishes like it did in Virginia. I have always believed that Churches formed prior to 1979 should be treated differently than those after. If they lose in Fort Worth then perhaps (big maybe) we could enter a period of genteel negotiations befitting Christians as opposed to scorched earth no holds barred litigation.
This is also a good reason why in many circumstances it is worth fighting for the property if the local Bishop and TEC are not willing to negotiate in good faith and with a “love thy neighbor” outlook.
Has TEC taken any notice of the decision? The is nothing in Episcopal Life Online. I would have expected to hear that all is well.
I think the true import of this case is that denominations in S.C. cannot use property threats to force compliance with policies or to discipline without the larger entity actually having been granted title. It could cut both ways as in cases of wayward behavior.