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Home/Churches and Ministries/Christ Church Savannah granted a hearing before Georgia Supreme Court To Hear Its Appeal on Property Decision

Christ Church Savannah granted a hearing before Georgia Supreme Court To Hear Its Appeal on Property Decision

Written by Staff | Monday, January 17, 2011

Christ Church disaffiliated from The Episcopal Church (TEC) in 2007 with a unanimous decision of its governing board. Two weeks later the congregation affirmed that decision by an 87% majority vote. In response, TEC filed suit against the downtown congregation

The Supreme Court of Georgia has determined that it will rule on the lawsuit brought against Christ Church in Savannah by The Episcopal Church and the Diocese of Georgia, which seek to seize the historic congregation’s downtown property even though Christ Church has always maintained clear title to its property.

Having lost in the lower courts, Christ Church appealed to the Georgia Supreme Court this past August.

“We are gratified that the Supreme Court will hear our appeal,” said David Reeves, governing board chairman of Christ Church. “Since this case will have ramifications for all Georgia churches, regardless of denomination, we think it is appropriate for the highest court in our state to rule on these issues,” he continued.

Christ Church disaffiliated from The Episcopal Church (TEC) in 2007 with a unanimous decision of its governing board. Two weeks later the congregation affirmed that decision by an 87% majority vote. In response, TEC filed suit against the downtown congregation, individual members of its governing body (the vestry), and their pastor.

There is no dispute concerning Christ Church’s clear title to its property since it was established in 1733. Rather, TEC asserts that mere affiliation with its larger organizational structure implies its one-way trust interest in all property of local American churches, including Christ Church.

This implication by TEC was supposedly upheld by its passage of the 1979 Dennis Canon, or church law, which was questionably adopted without notification before or since its declaration. Christ Church is one of some 57 lawsuits TEC is perpetrating against local churches and individually against their governing boards across the country.”

“Our battle is against a well funded national church claiming to have a unilateral trust over our property,” stated John Albert, governing board vice chairman of Christ Church. “While there have been many adverse lower court rulings, the one State Supreme Court ruling that has addressed this issue was South Carolina which found in favor of the local historic church, in a case very similar to ours.”

Two amicus briefs (friend of the court briefs) have been filed supporting the appeal of Christ Church. These briefs, by The Presbyterian Lay Committee (PLC) and The American Anglican Council (AAC), assert that this ruling will have an impact on all Georgia churches, regardless of denomination, which assume they have local ownership and control of their properties. These briefs can be viewed at www.christchurchsavannah.org.

“Many say that this is only a property lawsuit. But the profound theological issues that divide TEC, Christ Church and all Bible believing Christians are really what this is all about” stated the Rev. Marc Robertson, Pastor of Christ Church, “For our congregation this lawsuit is about defending the historic Christian faith.”

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