Narrative Opinion Summary
This case involves the Supreme Court of South Carolina addressing multiple petitions for rehearing concerning property disputes between various Episcopal churches, their governing bodies, and The Episcopal Church. At issue is the ownership of property following the disassociation of several parishes from the National Church. Central to the dispute is whether parishes created trusts in favor of the National Church by 'expressly acceding' to the Dennis Canon, which mandates that parish property is held in trust for the Church. The court analyzed the actions and governing documents of each parish to determine if such trusts were created and whether they were revocable under South Carolina law. The court concluded that trusts created before the 2006 Trust Code are irrevocable, while those established post-2006 are presumed revocable unless stated otherwise. Ultimately, the court affirmed in part and reversed in part prior decisions, directing certain parishes to transfer property titles to the National Church, while confirming others retained ownership. The court's application of neutral principles of law reflects its stance on resolving church property disputes without deferring to ecclesiastical authority.
Legal Issues Addressed
Express Accession to the Dennis Canonsubscribe to see similar legal issues
Application: The court evaluates whether parishes explicitly stated their adoption of the Dennis Canon, which would establish a trust under South Carolina law.
Reasoning: According to the 2017 Court's collective ruling, 'express accession' occurs when a Parish's governing body formally states its adoption of the Dennis Canon.
Neutral Principles of Law in Church Property Disputessubscribe to see similar legal issues
Application: The court applies neutral principles of law to resolve the church property disputes without deferring to ecclesiastical authority.
Reasoning: The Supreme Court addressed whether civil courts could resolve church property disputes using 'neutral principles of law' without deferring to ecclesiastical authority.
Ownership of Church Property Post-Disassociationsubscribe to see similar legal issues
Application: The court determines property ownership following the disassociation of certain parishes from the National Church, considering prior rulings.
Reasoning: The 2017 Court concluded that the National Church and the Associated Diocese are not beneficiaries of any trust concerning the Disassociated Diocese's property.
Revocability of Trustssubscribe to see similar legal issues
Application: The court distinguishes between trusts created before and after the 2006 Trust Code enactment to determine their revocability.
Reasoning: Unless a trust explicitly states it is irrevocable, the settlor retains the right to revoke or amend it.
Trust Creation under South Carolina Trust Lawsubscribe to see similar legal issues
Application: The court examines whether Episcopal parishes created trusts in favor of the National Church by explicitly acceding to the Dennis Canon.
Reasoning: Under South Carolina law, creating a trust requires specific actions and intent from the property owner.