{"id":18621,"date":"2010-03-18T16:01:11","date_gmt":"2010-03-18T16:01:11","guid":{"rendered":"http:\/\/127.0.0.1\/site\/2017\/2\/1985\/episcopal_church_files_in_supreme_court_pawleys_island_appeal_south_carolin\/"},"modified":"2010-03-18T16:01:11","modified_gmt":"2010-03-18T16:01:11","slug":"episcopal_church_files_in_supreme_court_pawleys_island_appeal_south_carolin","status":"publish","type":"post","link":"https:\/\/kendallharmon.net\/?p=18621","title":{"rendered":"TEC Files in Supreme Court Pawley&#39;s Island Appeal, South Carolina Episcopal Diocese Does Not"},"content":{"rendered":"<p><a href=\"http:\/\/accurmudgeon.blogspot.com\/2010\/03\/runaway-wagon.html\">From A.S. Haley<\/a>:<\/p>\n<blockquote><p>&#8230;[TEC] has filed a brief in support of the dissident parishioners who seek review by the Supreme Court of last September&#8217;s decision by the Supreme Court of South Carolina. The brief was filed on March 15, which was the last possible day for filing. (A response to the brief by All Saints Parish, Waccamaw, as well as by any other parties in the case, is due by April 23.)<\/p>\n<p>The brief itself is minimal, and makes just a one-paragraph argument. Citing the decisions from California, New York, Pennsylvania and North Carolina that have upheld the trust declared by the Dennis Canon, as well as some earlier decisions from other jurisdictions applying the theory of implied trusts (now disused, as I covered in this post), and even some of the decisions from lower courts which are currently on appeal, ECUSA&#8217;s three attorneys (David Booth Beers, Mary Kostel and Heather Anderson &#8212; who has left Goodwin Procter and is on her own) argue simply that those decisions were right and South Carolina&#8217;s was contrary to them, and hence wrong. The Statute of Frauds, which predates the Dennis Canon by more than 300 years, is not mentioned once, and there is zero analysis of the rationale given by the South Carolina Supreme Court for its decision.<\/p>\n<p>In short, the brief serves as a mere placeholder for ECUSA, to keep its options open in the unlikely event that four justices of the Supreme Court vote to grant review. The lack of any serious argument is a signal that ECUSA&#8217;s attorneys understand perfectly well that the chances of that happening are minimal.<\/p><\/blockquote>\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>From A.S. Haley: &#8230;[TEC] has filed a brief in support of the dissident parishioners who seek review by the Supreme Court of last September&#8217;s decision by the Supreme Court of South Carolina. The brief was filed on March 15, which<span class=\"ellipsis\">&hellip;<\/span><\/p>\n<div class=\"read-more\"><a href=\"https:\/\/kendallharmon.net\/?p=18621\">Read more &#8250;<\/a><\/div>\n<p><!-- end of .read-more --><\/p>\n","protected":false},"author":794,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[39,54,114],"tags":[],"class_list":["post-18621","post","type-post","status-publish","format-standard","hentry","category-culture-watch","category-south-carolina","category-law-legal-issues"],"_links":{"self":[{"href":"https:\/\/kendallharmon.net\/index.php?rest_route=\/wp\/v2\/posts\/18621","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/kendallharmon.net\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/kendallharmon.net\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/kendallharmon.net\/index.php?rest_route=\/wp\/v2\/users\/794"}],"replies":[{"embeddable":true,"href":"https:\/\/kendallharmon.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=18621"}],"version-history":[{"count":0,"href":"https:\/\/kendallharmon.net\/index.php?rest_route=\/wp\/v2\/posts\/18621\/revisions"}],"wp:attachment":[{"href":"https:\/\/kendallharmon.net\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=18621"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/kendallharmon.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=18621"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/kendallharmon.net\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=18621"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}