SC judge rules breakaway Diocese in Episcopal split can keep properties

From South Carolina-

A South Carolina circuit judge ruled Friday congregations that broke away from the Episcopal Church in 2012 can keep their properties, a decision likely to setup another legal skirmish in the multi-year dispute. 

First Circuit Judge Edgar W. Dickson granted the motion by the Anglican Diocese of South Carolina asking for clarification on a 2017 ruling involving the schism between the Diocese and the defendants, The Episcopal Church and The Episcopal Church in South Carolina. 

The ruling, which involves 36 properties from the Grand Strand to the Lowcountry and valued at $500 million, orders the plaintiff parishes be “affirmed as the title owners in fee simple absolute of their respective parish real properties.”

More here-

https://www.postandcourier.com/news/sc-judge-rules-breakaway-diocese-in-episcopal-split-can-keep-properties/article_9561ccec-b486-11ea-ba66-4fe6694f887c.html

South Carolina judge issues ruling contrary to state Supreme Court decision in church property case

From ENS-

South Carolina Circuit Court Judge Edgar Dickson, tasked in November 2017 by the South Carolina Supreme Court with a remittitur to enforce the final judgment of the Supreme Court, which ruled in August 2017 that the diocesan property and 29 parishes should be returned to the parties affiliated with The Episcopal Church, issued an order on June 19 that seems to be contrary to the Supreme Court’s decision.

In his order, he ruled that the properties instead belong to each congregation, using the application of the neutral principles of law. His order indicates that the historic Episcopal Diocese of South Carolina has no interest in the properties of the breakaway congregations that left the historic diocese and The Episcopal Church.

While the August 2017 final judgement of the South Carolina Supreme Court was based on a finding that these specific diocesan properties had acceded to the 1979 Dennis Canon, Dickson found no explicit accession existed. As noted in the order, the 1979 Dennis Canon states the following:

More here-

https://www.episcopalnewsservice.org/2020/06/19/south-carolina-judge-issues-ruling-contrary-to-state-supreme-court-decision-in-church-propertycase/

Breakaway Anglican group that left Episcopal Diocese of Fort Worth wins property fight

From RNS-

The Texas Supreme Court awarded a Fort Worth breakaway group affiliated with the Anglican Church in North America the right to $100 million in church property.

The ownership of the property has been in dispute since the ACNA-affiliate group broke away from the Episcopal Church in 2008.

The ruling on Friday (May 22) is the latest over properties held by breakaway congregations and dioceses that the Episcopal Church has been fighting in court for decades.

The Texas ruling may be the first time that a breakaway diocese has prevailed.

Ever since the Episcopal Church ordained Gene Robinson as an openly gay bishop in 2003, scores of congregations and five dioceses withdrew from the church over doctrinal differences. Many joined ACNA, formed in 2008.

That was the case in Fort Worth, too, where a majority of clergy and lay leaders in the Episcopal Diocese of Fort Worth voted to leave. Both groups continue to call themselves the Episcopal Diocese of Fort Worth.

More here-

https://religionnews.com/2020/05/26/breakaway-anglican-group-that-left-episcopal-diocese-of-fort-worth-wins-property-fight/ 

and here-

https://www.christianpost.com/news/texas-supreme-court-rules-against-episcopal-church-100m-in-properties-belong-to-breakaway-diocese.html

exas Supreme Court rules against Episcopal Diocese of Fort Worth in property dispute

From ENS-

On May 22, the Supreme Court of Texas issued a ruling against the Episcopal Diocese of Fort Worth and in favor of a breakaway group now affiliated with the Anglican Church in North America in a dispute over which group legally controls the diocese’s property.

The ruling reversed a 2018 appeals court decision that established The Episcopal Church’s diocese, led by Bishop Scott Mayer, as the rightful controller of the Diocese of Fort Worth. In 2008, a majority of clergy and lay leaders in the Diocese of Fort Worth voted to leave The Episcopal Church and join the Anglican Province of the Southern Cone over doctrinal differences on topics like same-sex marriage and the ordination of women. Now there are two entities calling themselves the Episcopal Diocese of Fort Worth: the original diocese associated with The Episcopal Church and the breakaway group that is now part of the Anglican Church in North America.
 
The Supreme Court decision puts the ACNA-affiliated group in control of the diocese’s $100 million worth of property.

More here-

https://www.episcopalnewsservice.org/2020/05/22/texas-supreme-court-rules-against-episcopal-diocese-of-fort-worth-in-property-dispute/

Over a year after Brooklyn church fire, congregants and Episcopal diocese split on rebuilding

From Brooklyn-

Dilapidated green particle board walls still surround the site of the former Emmanuel Episcopal Church, a former historic wooden sanctuary that was nearly 100 years old. The Brooklyn church burned nearly to the ground on Nov. 28, 2018 in a massive, three-alarm fire.

The question of what happens at the dormant site on East 23rd Street in Sheepshead Bay is now embroiled in an internal battle with church elders and the Episcopal Diocese over whether to finance a costly rebuild, combine with another parish, or rebuild closer to where the remaining congregants and prospective parishioners live.

The Emmanuel Episcopal faithful hold their Sunday services in the basement cafeteria of St. Mark’s Roman Catholic Church on Ocean Avenue, a few blocks from the church property. This past Sunday, Feb. 23, about 30 people gathered.

More here-

https://www.amny.com/brooklyn/over-a-year-after-brooklyn-church-fire-congregants-at-odds-with-episcopal-diocese-on-rebuilding/

Diocese of Chicago and Episcopal Church reach settlement with ACNA Diocese of Quincy

From ENS-

The Episcopal Diocese of Chicago and The Episcopal Church have reached a settlement with the Diocese of Quincy in the Anglican Church in North America (ACNA) and 15 parishes and missions in that diocese over real property, other assets and church records that were part of the former Episcopal Diocese of Quincy and The Episcopal Church in 2008.

The settlement, the terms of which are confidential, includes property at issue in a suit filed in 2013 in a circuit court in Peoria.

“I give thanks for your perseverance and courage through the past eleven years, and I am grateful that this settlement will benefit God’s mission in the Peoria Deanery for many years to come,” Bishop Jeffrey D. Lee of Chicago wrote in a letter to the people of the deanery. “Participating in your ministry has been one of the great joys of my time as bishop of Chicago, and I continue to rejoice at your commitment to our beloved Episcopal Church and the communities and people you serve,” added Lee, who will retire in August.

More here-

https://www.episcopalnewsservice.org/pressreleases/diocese-of-chicago-and-episcopal-church-reach-settlement-with-acna-diocese-of-quincy/

Darien’s St. Paul’s settles lawsuit, to move forward in new location

From Connecticut-

St. Paul’s Church in Darien has settled its previous lawsuits between parishioners and church leadership and will relocate from its Mansfield Avenue home.

The vestry and wardens of the Parish of St. Paul’s Episcopal Church, and the Directors of St. Paul’s-Darien Foundation, Inc., recently announced the end of all litigation with the Episcopal Church in Connecticut and The Episcopal Church. All parties have withdrawn their respective pending civil actions in both the Connecticut Appellate Court and the Superior Court. The parties’ settlement agreement and release of claims was reached after a vigorous and sometimes thorny mediation conducted between Nov. 6 and Dec. 10, 2019, by Judge Terence A. Zemetis, according to a jointly released press release.

St. Paul’s will now continue as an autonomous non-denominational Christian church and will soon complete its reorganization.

More here-

https://www.darientimes.com/news/article/Darien-s-St-Paul-s-settles-lawsuit-to-move-14971460.php

Settlement reached in St. Paul’s Darien, Connecticut, cases

From ENS-

On Dec. 10, 2019, the Episcopal Church in Connecticut settled three legal cases involving the former wardens and vestry members of St. Paul’s Episcopal Church in Darien. The settlement will result in a withdrawal of all pending litigation, bringing to a close a period in which the former wardens and vestry members filed five different lawsuits against ECCT since 2005.

The most recent litigation began in late 2017 when the former wardens and vestry members refused to adhere to the constitution and canons of The Episcopal Church with respect to church governance and attempted to remove their duly chosen rector, the Rev. George I. Kovoor. When bishop diocesan of ECCT, the Rt. Rev. Ian T. Douglas, chose to support Kovoor and enforce the canons of The Episcopal Church, the former wardens and vestry members sued to have their rector removed. 

Further, when the former wardens and vestry members refused to participate in church ordered reconciliation efforts, the ECCT Annual Convention unanimously changed the status of St. Paul’s Episcopal Church putting it directly under the supervision, direction and control of the bishop in October, 2018. This occasioned a second lawsuit by the former wardens and vestry members seeking control of the church and its property. Both of these lawsuits were heard in Stamford Superior Court in late 2018 and early 2019 and were dismissed by the court in the spring of 2019. The former wardens and vestry members had appealed these decisions.

More here-

https://www.episcopalnewsservice.org/2020/01/06/settlement-reached-in-st-pauls-darien-connecticut-cases/

Federal judge grants majority of Diocese of South Carolina’s motion to enforce injunction

From ENS-

U.S. District Court Judge Richard M. Gergel issued an order and opinion on Dec. 18, granting in part the motion to enforce the injunction filed by The Diocese of South Carolina, also known as The Episcopal Church in South Carolina, on Nov. 11. In the order, the judge notes: “The Defendants [the disassociated diocese] here clearly violated the terms of the Court’s Order and Injunction.” Furthermore, Gergel’s order denied the motion to stay the injunction filed by the disassociated diocese.

In the petition on Nov. 11, the Diocese of South Carolina requested enforcement of the court’s order and opinion and permanent injunction issued on Sept. 19. The petition cited numerous examples that prove continued violations of the injunction by the disassociated diocese as it “hold(s) itself out to be the Historic Diocese in many respects.”

In yesterday’s ruling, Gergel ruled that “the Court finds that Defendants violated the Court’s Order and Injunction by continuing to use the terms ‘Founded in 1785,’ ‘14th Bishop,’ ‘XIV Bishop,’ and ‘229th Diocesan Convention.’” He further noted that the defendant’s use of these terms and phrases violate the order and injunction by “continuing to claim goodwill as a successor to the Historic Diocese when only TECSC [The Episcopal Church in South Carolina] has that right.” He, therefore, issued a permanent injunction prohibiting the disassociated diocese from using any and all of these terms.

More here-

https://www.episcopalnewsservice.org/2019/12/19/federal-judge-grants-majority-of-diocese-of-south-carolinas-motion-to-enforce-injunction/

Rev. Ohmer, Rector of F.C. Episcopal Since 2012, Announces He’s Leaving

From Virginia-

The Rev. John Ohmer, who has served as the rector of the historic Falls Church Episcopal Church since 2012, issued a letter to his congregation today saying he will be leaving his post for a new assignment in Asheville, North Carolina, in November. Ohmer has overseen a considerable revival of the church following a contentious seven-year struggle to regain control of the church property from a group of defectors in the church who refused to relinquish it following their vote to defect in 2005.     

By 2012 the Diocese of Virginia had secured the site following a number of court rulings, including a final refusal of the U.S. Supreme Court to hear an appeal by the defectors, who had identified themselves as an arm of the Nigerian Anglican church. They defected on grounds of their opposition to the U.S. Episcopal Church’s election of an openly-gay bishop in 2003.  

More here-

https://fcnp.com/2019/09/26/rev-ohmer-rector-of-f-c-episcopal-since-2012-announces-hes-leaving/

Holy Comforter priest: Betterments is a 'Plan B'

From South Carolina-

A circuit court judge's ruling this week that a state church district of about 50 congregations would still have the right to compensation for improvements it made to parishes, even if it lost property ownership to a national church group, is a good "Plan B option," according to a local priest.

The Rev. Marcus Kaiser, rector of Church of the Holy Comforter, 213 N. Main St., spoke Thursday about various scenarios that could play out in a back-and-forth legal case between the state diocese that his parish is part of and the national Episcopal Church.

The Diocese of South Carolina split from the national church group in 2012 because of theological concerns and is now part of The Anglican Church in North America.

Since 2013, the Episcopal Church has said that 28 parishes' property from the breakaway group in the state belong to it, pointing to an imposed trust from 1979. Two parishes in Sumter County - Church of the Holy Comforter and The Church of the Holy Cross in Stateburg - are part of the diocese in the legal battle.

More here-

https://www.theitem.com/stories/holy-comforter-priest-betterments-is-a-plan-b,332734

Judge: S.C. diocese has right to money for property upgrades

From South Carolina-

In a back-and-forth legal case, a state circuit court judge has ruled a state church district of about 50 congregations would still have the right to compensation for improvements it made to parishes through the years, even if it lost property ownership to a national church group.

Late Tuesday, Judge Edgar Dickson of South Carolina's First Judicial Circuit denied the motion of The Episcopal Church and The Episcopal Church of South Carolina to dismiss a Betterments Statute claim filed by a former breakaway group, the Diocese of South Carolina, according to a diocese news release.

And compensation for those improvements could be "substantial," according to a diocese official.
The diocese, or state church district, split from the national Episcopal Church in 2012 because of theological concerns and is now part of The Anglican Church in North America.

"The Betterments Statute makes this possible: If you improve it - thinking you owned it - and it turns out somebody else does, they have to in some fashion compensate you for those improvements," said Jim Lewis, Canon to the Bishop of the diocese on Wednesday.

More here-

https://theitem.com/stories/judge-sc-diocese-has-right-to-money-for-property-upgrades,332676

Independent St. Stanislaus Catholic parish declines to join Episcopal Church

From St. Louis-

The independent St. Stanislaus Kostka Polish Catholic Church is no longer considering joining the Episcopal Diocese of Missouri, church leaders said.

After a meeting with Episcopal Bishop Wayne Smith and lawyers, St. Stanislaus representatives declined to agree to relinquish church property to the Episcopal Church in any future dissolution of their relationship.

The Carr Square neighborhood church has been independent since its split from the Roman Catholic Church in 2005.

More here-

https://www.stltoday.com/news/local/metro/independent-st-stanislaus-catholic-parish-declines-to-join-episcopal-church/article_daeb5fed-831b-5217-8e96-966c55bf9a3b.html

Judge orders all parties into mediation in South Carolina church property case

From ENS-

After a two-hour hearing at Calhoun County Courthouse in St. Matthews, SC, this morning, First Circuit Court Judge Edgar Dickson ordered all parties—The Episcopal Church in South Carolina (TECSC) and The Episcopal Church, along with a group that broke away from the Church in 2012—to enter into mediation in the ongoing dispute over enforcing the South Carolina Supreme Court’s 2017 decision on diocesan and parish properties.

The hearing was initially in regard to a lawsuit filed against TECSC and The Episcopal Church by the breakaway group that has come to be known as the Betterments Act case. It was filed in November 2017 and cites the little-used Betterments Act statute to seek compensation from TECSC and The Episcopal Church for the cost of improvements made to the properties over the years. That suit followed a decision by the South Carolina Supreme Court on August 2, 2017 ruling that all diocesan property and the property of 29 parishes is held in trust for The Episcopal Church and TECSC.

During the hearing, attorneys for TECSC and The Episcopal Church argued the grounds for dismissal of the case, per their motion filed on December 15, 2017. During the course of the arguments, Judge Dickson asked several questions on issues surrounding ownership and trusteeship of the involved properties.

More here-

https://www.episcopalnewsservice.org/pressreleases/judge-orders-all-parties-into-mediation-in-south-carolina-church-property-case/

Circuit court orders mediation in Episcopal dispute

From South Carolina-

On the heels of the South Carolina Supreme Court on June 28 denying a petition by the Episcopal Church in South Carolina to dismiss the case, 1st Circuit Judge Edgar W. Dickson resumed proceedings on the related legal matters.

A hearing on Betterments Statute issues, which had been canceled in March when TECSC petitioned the high court, was held Tuesday at Calhoun County Courthouse in St. Matthews.

The Betterments Statute, under South Carolina law, provides the means for a party making good faith improvements to property they believe they own, to be compensated for the value of those improvements, if a court makes a final determination that another party is the true owner. Many of the parishes in the Diocese of South Carolina can trace their history back to the colonial era of the state. During that entire time, there has never been any question of their unencumbered title to property or legal identity. All have proceeded throughout their history with the maintenance and improvement of their properties with these assumptions.

More here-

https://thetandd.com/news/local/circuit-court-orders-mediation-in-episcopal-dispute/article_bda844b7-2108-5b2d-b804-bc29ab449667.html 

and here-

https://www.counton2.com/news/judge-orders-all-parties-into-mediation-in-church-property-case/

Historic cathedral in Sioux Falls is getting a facelift

From South Dakota- (Video)

The worship space at Calvary Episcopal Cathedral is being repaired and refurbished for the first time since 1946. The refurbish is part of the cathedral's 130th anniversary celebration.

he cathedral at about 13th Street and Main Avenue in Sioux Falls was built back in 1887. This was after John Astor the 3rd donated $27,000 to have it built to honor his late wife. While the building has held up all these years, Father Ward Simpson said it was beginning to show its age.

"This was a chance for us as a congregation with the energy we've got currently, to step up, bring some more current artwork into the space, tie in to some more local imagery," Father Simpson said. "I love the imagery we've come up with, tying in local plants and the Niobrara Cross, which is important to us as Episcopalians in South Dakota, and we've come up with a whole package that I think is really wonderful." 

More here-

https://www.ksfy.com/content/news/Historic-cathedral-in-Sioux-Falls-is-getting-a-facelift-512975831.html

Attempted takeover of St. Paul’s Darien tossed from court

From Connecticut-

An attempt by former parish leaders to seize control of St. Paul’s Episcopal Church has been thrown out of court.

On July 2, Connecticut Superior Court dismissed a lawsuit that sought to have the property of St. Paul’s relinquished to the control of estranged former wardens and vestry members. The court’s decision stated the accusers had failed to present facts sufficient to invoke the court to try and wrest control of the property.

The dismissal marks the second failed lawsuit brought forward by former church members since April.

Tensions at the church began late in 2017 after allegations that the church’s then-newly hired rector, George Kovoor, had obtained his position with falsified credentials.

Church leaders tried to fire Kovoor, despite orders from Rev. Ian Douglas, bishop diocesan of the Episcopal Church in Connecticut, to keep him in the position. The disagreement between the two parties led to the first of the two lawsuits, as well as the church’s demotion from a parish to a worshipping community.

More here-

https://www.stamfordadvocate.com/local/article/Attempted-takeover-of-St-Paul-s-Darien-tossed-14084769.php

State Supreme Court denies Episcopal Church petition

From South Carolina-

The S.C. Supreme Court has denied a petition from The Episcopal Church and The Episcopal Church in South Carolina asking the court to enforce its decision about 29 properties currently held by a breakaway group.

The Supreme Court ruled in August 2017 that the Protestant Episcopal Church in the Diocese of South Carolina, which broke away from the national Episcopal Church in 2012, must return the properties, which include St. Philip’s Church on Church Street and St. Michael’s Church on Broad Street.

That ruling, which reversed a 2015 circuit court decision, was written collectively by all five justices, and some of their opinions were contradictory. The task of enforcement then fell to 1st Circuit Judge Edgar Dickson to enforce the Supreme Court’s decision.

The Episcopal Church argued in March that Dickson had “unduly delayed” acting and the Supreme Court needed to step in.

More here-

https://charlestonbusiness.com/news/real-estate-commercial/76689/ 

also here-

https://thetandd.com/news/local/s-c-supreme-court-says-st-circuit-court-will-resolve/article_ffa53448-83ad-5c7f-977a-0b551ca7b548.html

Land dispute threatens to split ACK church

From Kenya-

Anglican Church of Kenya (ACK) is embroiled a land dispute threatening to tear apart the Nairobi diocese headed by Bishop Joel Waweru.

Some members of ACK St Mark Church in Westlands are accusing the diocese of scheming to grab land belonging to the parish. The faithful say the church bought the land, registration number 1870/111/159, way back in 1964. According to members, the diocese is in the process of developing the plot having encroached on the same without the consent of faithfuls of St Marks church. The land in dispute is located along School Lane.

The church puts the value of the plot at Sh500 million, having bought it for Sh100,000. Until 2012, the church generated income from the land through rental lease before the diocese requested to be allowed to carry out its activities on the understanding that the diocese would pay rent.

More here-

 https://www.standardmedia.co.ke/article/2001312167/land-dispute-threatens-to-split-ack-church

Court of Review for Bishops upholds retired Los Angeles bishop’s three-year suspension

From ENS-

An Episcopal Church court has concluded that retired Diocese of Los Angeles Bishop J. Jon Bruno was properly suspended from ordained ministry for three years because of misconduct.

The Court of Review for Bishops said it made the three-year suspension retroactive to Aug. 2, 2017, the day a hearing panel originally recommended the sentence, rather than with the court’s Jan. 31 order.

The case against Bruno involved his unsuccessful 2015 attempt to sell the property of what was then known as St. James the Great’s in Newport Beach, California, to a condominium developer for $15 million in cash. That effort prompted some St. James members to bring misconduct allegations against Bruno, alleging he violated church law.

More here-

https://www.episcopalnewsservice.org/2019/02/01/court-of-review-for-bishops-upholds-retired-los-angeles-bishops-three-year-suspension/?fbclid=IwAR3PDYnnSbpNsFPuGOC7-yErr-Lf6gAndWQ6ZdE8SdtgtP2CyjFhDYcs5Wc