Thursday, May 08, 2014

Justices' Decision Clears the Way for Trial to Protect Local Assets From Takeover

The South Carolina Supreme Court has rejected an appeal by The Episcopal Church (TEC) and its local subsidiary, The Episcopal Church in South Carolina (TECSC), ending their latest effort to delay a trial to block the two groups from seizing Diocese of South Carolina property.

The high court’s decision to return the matter to the circuit court means that the issue can now go to trial. TEC and TECSC have filed several state and federal appeals, apparently aimed at delaying the discovery process in advance of the trial that is scheduled to start on July 7.

In the appeal rejected by the Supreme Court, TEC and TECSC had asked the court to force the Diocese of South Carolina to share privileged communications with the denomination. Communications between clients and their attorneys have always been protected by law. The appeal effectively asked the state supreme court to overturn a cornerstone of American law.

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