Georgia High Court Favors Parent Church In Two Property Cases

In Rector, Wardens and Vestrymen of Christ Church in Savannah v. Bishop of the Episcopal Diocese of Georgia, Inc., (GA Sup. Ct., Nov. 21, 2011), the Georgia Supreme Court in  a 6-1 decisions held that "neutral principles of law show that the property of Christ Church at issue is held in trust for the benefit of the Episcopal Church." In 2007, Christ Church broke away from the Episcopal Church and affiliated with the more conservative Anglican Province of Uganda. The break came after the Episcopal Church voted to ordain an openly gay man as Bishop of New Hampshire. Judge Brown dissented.  Episcopal News Service reports on the decision.

In a 4-3 decision in Presbytery of Greater Atlanta, Inc. v. Timberridge Presbyterian Church, Inc., (GA Sup. Ct., Nov. 21, 2011), the Georgia Supreme Court held that under the "neutral principles of law" doctrine, the property of the break-away Timberridge Presbyterian Church was held in trust for the national church, the PCUSA. Justice Nahmias, writing for the majority, said:

in its own charter TPC Inc. proclaimed its allegiance to the PCUSA Book of Order, which included a provision explicitly stating that local church property is held in trust for the use and benefit of the PCUSA, and at no time during the more than two decades before this dispute erupted and the eight years after it was deeded the property at issue did TPC Inc. even seek to amend its Articles to demonstrate any different intent.

Two separate dissenting opinions were also filed.