SAVANNAH, GA: Christ Church files writ of certiorari with SCOTUS, joins Seabury
SAVANNAH, GA: Christ Church files writ of certiorari with SCOTUS, joining Bishop Seabury of Groton, Ct
By David W. Virtue
www.virtueonline.org
March 25, 2012
The congregation of Christ Church, Savannah, the evangelical parish and pulpit of the Wesley Brothers, has filed a writ of certiorari with SCOTUS, joining Bishop Seabury of Groton, CT, and Timberridge Presbyterian in McDonough, GA.
(A writ of certiorari is an order a higher court issues in order to review the decision and proceedings in a lower court and determine whether there were any irregularities. Certiorari is the common method for cases to be heard before the U.S. Supreme Court since it has specific jurisdiction over a very limited range of disputes.)
The orthodox parish lost in a battle to keep its property following a
Georgia Supreme Court ruled that the Episcopal Church and not the Congregation of Christ Church owned the building where they have been worshiping since their split from the diocese in 2007. The parish has since been worshiping at an Independent Presbyterian Church.
A spokesperson for the parish said the question presented in their writ states: "Whether a trust allegedly imposed on local church property by provisions in denominational documents must be treated as legally cognizable under the "neutral principles" doctrine of JONES v. WOLF, 443U.S. 595(1979), and the First Amendment, even where such provisions do not satisfy generally applicable rules of state property and trust law."
Read the full story at www.VirtueOnline.org
By David W. Virtue
www.virtueonline.org
March 25, 2012
(A writ of certiorari is an order a higher court issues in order to review the decision and proceedings in a lower court and determine whether there were any irregularities. Certiorari is the common method for cases to be heard before the U.S. Supreme Court since it has specific jurisdiction over a very limited range of disputes.)
The orthodox parish lost in a battle to keep its property following a
Georgia Supreme Court ruled that the Episcopal Church and not the Congregation of Christ Church owned the building where they have been worshiping since their split from the diocese in 2007. The parish has since been worshiping at an Independent Presbyterian Church.
A spokesperson for the parish said the question presented in their writ states: "Whether a trust allegedly imposed on local church property by provisions in denominational documents must be treated as legally cognizable under the "neutral principles" doctrine of JONES v. WOLF, 443U.S. 595(1979), and the First Amendment, even where such provisions do not satisfy generally applicable rules of state property and trust law."
Read the full story at www.VirtueOnline.org
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