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GEORGIA: Superior Court rules Christ Church Savannah is held in trust for the Episcopal Church
The court order, signed by Judge Michael L. Karpf, said it is "entirely satisfied that a trust over the property exists in favor of the national church and the Diocese of Georgia. Accordingly, the court finds that the church property reverts to the control of the Bishop of the Diocese of Georgia for the uses and purposes of the Episcopal Church and that plaintiffs are entitled to immediate possession."
Noting that "it is undisputed that the Episcopal Church is hierarchical" and that Christ Church "submitted itself to the discipline of the national church and diocese" when it became a parish in 1823, the court held that the church's discipline "impl[ies] a trust for the benefit of the national church, which became an express trust with the enactment of the Dennis Canon." The Dennis Canon was passed by the General Convention in 1979 to state that a parish holds its property in trust for the diocese and the Episcopal Church.
After hearing of the court's decision, Bishop Henry I. Louttit of Georgia said, "For centuries, Christ Church has lived up to its tradition as 'The Mother Church of Georgia.' We have been gratified and strengthened by Episcopalians throughout our state and nation who have strongly supported our efforts. I am excited that the worship and ministry of the Episcopal Church will resume at Christ Church with strong leadership, sustained growth, and an amazing sense of joy."
The dispute began in March 2006 when the church's former rector and members of the vestry "covertly and without prior notice to the Episcopal Bishop of Georgia or the congregation changed the church's articles of incorporation to disavow Christ Church's 217-year affiliation with The Episcopal Church," according to the continuing congregation's website.
In November 2007, the Episcopal Diocese of Georgia filed a petition to Chatham Superior Court to regain "all real and personal property" of Christ Church, Savannah, whose vestry had voted unanimously to place the congregation under the care of John Guernsey, a former Episcopal priest who had been consecrated as a bishop in the Anglican Church of the Province of Uganda.
The continuing congregation has since been worshipping at St. Michael and All Angels Episcopal Church in Savannah.
"While we were worshipping in borrowed space, waiting for the court to allow us to return to our home on Johnson Square, we truly experienced an amazing spiritual renewal," the Rev. Michael S. White, rector of the continuing congregation, said in an October 28 statement. "We came to see experientially what scripture proclaims to be true – that the church really is the people and not the building in which we meet.
"As we return to Johnson Square for our first service, we do so a changed people. We are excited to bring the truths of church that we have experienced, while in exile, back to our beautiful historic church. The mission, ministry, and community that we shared during this time away actually attracted many new families who were not part of Christ Church Episcopal before we had to leave our historic home."
Established in 1733 by General James Oglethorpe, founder of the Georgia colony, Christ Church is known as the "Mother Church of Georgia. The Episcopal Diocese of Georgia covers the southern two thirds of the state of Georgia, including Savannah, Augusta, Albany, Thomasville, Valdosta, and Brunswick.
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