Christ Church (Anglican) Savannah Announces Settlement

(Via email–KSH):

Christ Church Anglican (CCA) in Savannah, GA has agreed to settle a 4 ½ year legal battle with The Episcopal Church (TEC), and The Episcopal Diocese of Georgia. At the heart of the dispute was a lawsuit against CCA, the Senior Pastor and fourteen members of the 2007 Vestry (Board) including money damage claims by the Diocese against these individuals in excess of $1million. “While we never agreed that our people had any personal liability, we are pleased to see these claims dropped as this threat of personal financial loss has hung over our people for more than four years. These parishioners served as volunteer directors on a non-profit 501-C3 board and made decisions to try to stand for their beliefs and fulfill their duty to protect the non-profit corporation they served,” said John Albert, CCA Senior Warden.
In 2007, Christ Church Anglican, established in 1733 and predating the formation of TEC by 56 years and the TEC Diocese of Georgia by 90 years, conducted a congregational vote by which 87% of the congregation supported the Vestry’s decision to disaffiliate from TEC over core theological differences. Subsequently, TEC sued Christ Church Anglican, its pastor, and the 14 individual members of the 2007 board. After the Georgia Supreme Court ruling on November 21, 2011, CCA turned over possession of its three buildings (including the church building on Johnson Square) and the parking lot, all worth in excess of $6 million.

As set forth in the settlement agreement, the Church will adopt the title “Christ Church Anglican.” “We see the addition of ”˜Anglican’ to our name as a way of identifying our roots going back to our beginnings in Savannah as a Mission of the Church of England in 1733. God has given us the privilege of living out a truth we have always believed, that the Church is not the building but the people of God. God has blessed us in this struggle, as we have maintained the vast majority of our congregation while adding new members who are excited to be part of a church that seeks to live out its beliefs. Orthodox Anglicanism is alive and well in Savannah and we look forward to a bright future,” commented The Rev. Dr. Marc Robertson, Christ Church Anglican’s senior pastor.

Also included in the agreement, is a requirement that all litigation be dropped including CCA’s appeal to the US Supreme Court which asked the Court to decide whether the “neutral principles”doctrine embodied in the First Amendment permits imposition of a trust on church property when the creation of that trust contradicts the state’s property and trust laws. “It was a hard decision to give up our appeal as we are aware of the pain many other Anglican Churches which are being sued by TEC are experiencing, but we are encouraged by the fact that two other strong cases, (Timberridge Presbyterian Church, McDonough, GA and Bishop Seabury, an Anglican parish in Groton, Conn.) are going forward and feel we have supported their effort with our appeal. However, at this time we feel our primary call is to build a stronger Anglican presence in Savannah,” stated Albert.

Judge Michael Karp’s 2008 decision declared that all church property “was held in trust for the Diocese and the national church”, so other aspects of the settlement provide that CCA will relinquish any claim to the Endowment Funds worth some $2.3 million and return $33,000 of operating funds pursuant to an accounting of funds at the time of disaffiliation. The Diocese however agreed to assume a $33,000 debt obligation from CCA. “We have left all our material possessions on Johnson Square, but that which we have taken with us is far more valuable: our people, the historic faith and the Holy Spirit. We have no regrets,” said CCA senior pastor, Marc Robertson.

On December 11, 2011, two weeks before they were required to vacate, Christ Church held its final service in its historic building on Johnson Square. Following that service, the entire congregation of more than 400 people processed down Bull Street to Independent Presbyterian Church (IPC), where they were welcomed by 500 IPC members and Pastor Terry Johnson who stated “our faith is your faith and our buildings are your buildings.” Christ Church now holds Sunday services at 8 a.m., 9 a.m., and 9 p.m. at IPC and Wednesday and Friday noon services at St. Andrew’s Reformed Episcopal Church.

Posted in * Anglican - Episcopal, * Christian Life / Church Life, * Culture-Watch, Anglican Church in North America (ACNA), Episcopal Church (TEC), Law & Legal Issues, Parish Ministry, Stewardship, TEC Conflicts, TEC Conflicts: Georgia, TEC Departing Parishes

7 comments on “Christ Church (Anglican) Savannah Announces Settlement

  1. Ralph says:

    A friend in the diocese started hearing about it early this afternoon. It must have been a very well-kept secret.

    More info is now available at the diocesan website, the Christ Church Episcopal website, and the news media.

    The property dispute is of course well-known. I don’t think it’s widely known in the diocese that the diocese itself was suing the former rector and vestry, or why that seemed necessary. I think more details about that need to emerge, so that Georgia Episcopalians will be well-informed about the trajectory of their diocese in the aftermath of the upcoming General Convention.

    [blockquote]At the heart of the dispute was a lawsuit against CCA, the Senior Pastor and fourteen members of the 2007 Vestry (Board) including money damage claims by the Diocese against these individuals in excess of $1million.[/blockquote]

  2. Ralph says:

    However, Alan Haley explains the lawsuit here:

    [blockquote]That lawsuit sought to establish personal liability on the part of the rector and vestry members for the $1 million-plus which the Diocese and ECUSA claimed they had spent of the Church’s funds on defending the lawsuit.[/blockquote]

  3. swac says:

    When I was elected to the vestry I was given a printout of my duties and responsibilities. Prominent coverage was given to Fiduciary responsibility. No vestry member should be in any doubt that they could and should be held responsible for property and financial misappropriations.

  4. Don C says:

    I am truly disappointed they dropped their appeal to the USSC.

  5. evan miller says:

    So am I Don. Perhaps they decided their case wasn’t as strong as it appeared to me to be.

  6. Don C says:

    Evan, Alan seem to think that it was worth it to get the Georgia case settled. The fighter in me wants to keep going but, it’s not my fight.

  7. Pb says:

    Don’t forget the problem with the possible personal liability of the leaders. There was no other reason to continue which would trump this.