(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.
Maybe a group of Primates from the Global South should intervene to declare that all real and personal property of Christ Church is held in trust for the Anglican Communion.
I posted this yesterday on SF and now I will post it here.
Ok, so now we have a case of TEC suing first. Where are the reappraisers who condemned the CANA parishes for “suing first†by going to the local courthouse to record their votes under Virginia’s division statute? Will you now condemn TEC and call for this lawsuit to be withdrawn?
Time to put pressure on the bishop of this diocese.
The orthodox and traditional/Windsor compliant laity of the diocese should organize a highly visible protest at the bishop’s cathedral. The protest should emphasize ‘just how’ the bishop and his revisionist fellow travelers have left “the Faith once given” and ‘just how’ the protestors are striving to remain in the Anglican Communion and preserve “the Faith once given” within the diocese.
I would suggest holding orthodox services outside the cathedral on Sundays and maintaining a continuous daylight presence outside the cathedral.
The protesters should be prepared to state, in a succinct, forthright and informational manner, just why they are protesting.
There should be protests of the laity, like this, outside of all of the cathedrals of the revisionist bishops and their fellow-traveler diocesans.
Letting the light of Truth ‘shine’ on these bishops in a very public manner might just stimulate the conflict-avoiding pew sitters. Maybe the protests will stimulate anger, but they also will bring into clear public-view what the bishops are doing. And this will stimulate discussion regarding why the protesters are protesting.
Such ‘public-view’ will work in favor of the protestors and against those clergy and laity who are ignoring/secularizing “the Faith once given.”
Protests by the revisionists/secularists will only emphasize how far they have drifted from “the Faith once given.”
Waging reconciliation…one lawsuit at a time…ECUSA/TEC gospel du jour.
Christ Church predates the Diocese of GA, the General Convention, and the alleged Dennis canon. This will be a very tough row to how. No doubt about it.
Also, if memory serves me correctly, the Dio of GA was absent from GC for over a decade in the early years of that organization. Nonparticipatory. So there is a diocesan precedent of sorts for nonparticipation in the “national” church organization from inception of the same.
#3. What a marvelous plan, though hard to believe it will happen. When all this mess started in 2003 with VGR, I did like so many were doing, griped, grumbled, and even wrote some strong letters to our revisionist Bishop, which I am sure never got past his secretary. Being naive enough to think that letters would make our Bishop see how others felt, I wrote more, but the shredder got them also.
That said, visible protests are the only way these grown up hippy bishops will ever take notice, but getting people to protest may be impossible, knowing pew sitters like I do. Still I hope your idea takes hold.
I have read many tines now the statements from TEC, Lee and many other Bishops that all of these property lawsuits are to save these properties for these people that built them. In reality very few of the properties were built by the group that now claim ownership. (TEC) It sure would be interesting to get a vote from all the loyal Episcopalians back to the date that this Church was founded. Boy, would this be a shocker for TEC. Me thinks that this might trigger another Revolution.
This news story is from the diocesan spokesperson. A completely different slant can be found at http://www.savannahnow.com. Someone should post it.
Sadly, the diocese does not have a cathedral (the pro-cathedral is St Paul the Apostle).
However, it does have offices and a chapel.
Query: I seem to recall that then-bishop Paul Reeves made noises about taking the Diocese of Georgia out of the Episcopal Church in 1976 after the vote to ordain women, but it turned out that neither he nor the Diocese quit TEC. His successor, Harry Shipps, started out as an opponent of women’s ordination, then changed his mind part way through his episcopacy, to the dismay of many traditionalist-oriented clergy and laity in his diocese. Does anyone have information about the true story about the dog that didn’t bark circa 1976-1978?
I, also, would be interested in an answer to #9’s questions.