In a decision with implications far beyond Georgetown County, S.C., and the Episcopal Church (ECUSA), the Supreme Court of South Carolina overturned the hierarchal ownership of local church property.

The All Saints Parish of Pawley’s Island, S.C. withdrew from the ECUSA in 2005 but later in the year the ‘majority vestry’ was barred from use of the property by a South Carolina court decision. That decision was appealed and on Friday, September 18, 2009 the South Carolina Supreme Court overturned the decision and returned legal ownership of the property to the ‘majority vestry’, who are now a part of the Anglican Mission in America (AMiA).

“We got everything,” said a jubilant parishioner, “the corporation, property, we got it all. Thanks be to God. We will have a service of thanksgiving on Sunday.”

Anglican Mission in America Bishop Chuck Murphy released the following statement: “In addition to being a complete victory for all of us here at All Saints, PawleysIsland, it is a profoundly important legal decision repudiating the “authority” of the Dennis Canon. I believe that this will have enormous implications not only for the two Episcopal dioceses in South Carolina, but, I suspect, for other churches throughout the U.S.A.”

The ‘Dennis Canon’, which has been ruled as having no legal effect on the title of the property, is a common name used for Title I.7.4 (as presently numbered) of the Canons of the Episcopal Church in the United States of America, which states:

“All real and personal property held by or for the benefit of any Parish, Mission, or Congregation is held in trust for this Church [i.e., the ECUSA] and the Diocese thereof in which such Parish, Mission or Congregation is located. The existence of this trust, however, shall in no way limit the power and authority of the Parish, Mission or Congregation otherwise existing over such property so long as the particular Parish, Mission or Congregation remains a part of, and subject to, this Church and its Constitution and Canons.”

The decision of the Supreme Court had two main thrusts. One was ruling on who owned the property, and the second was on who are the rightful members of a corporation known as All Saints Parish, Inc. Both decisions were in favor of the majority of the congregation that voted in January, 2005 to leave the ECUSA for theological reasons.

“Through the application of neutral principles of law, it is clear to us that the true officers of All Saints Parish, Waccamaw, Inc., are the members of the majority vestry. This refers to the vestry representing the majority of those voting to amend the charter of All Saints,” said Bishop Glenn.

Rev. Terrell Glenn, rector of All Saints, was quoted as saying, “We are ecstatic and grateful to God for his goodness and his love. The Dennis Canon has no legal effect on the title of the property.”

Dr. Buddy Lindsay, chancellor for All Saints, commented that the diocese has the right to file a motion for reconsideration, but they cannot appeal the decision. It is very unusual for the Supreme Court to reconsider, he said.

The Aquila Report would be interested in comments from attorneys regarding the implications of this case for churches in hierarchal churches and what it means with regard to who owns church property.