CONNECTICUT: Supreme Court Rejects Appeal of Bishop Seabury
CONNECTICUT: Supreme Court Rejects Appeal of Bishop Seabury
The Connecticut Supreme Court has rejected the appeal of a Groton parish that it be allowed to depart from the Episcopal Church with its property
October 22, 2011
In a 30 September ruling, the court held that under Connecticut law the Episcopal Church's property rules - the Dennis Canon - took precedence over state property laws.
Writing for the court, Justice Peter Zarella sated "we now conclude under neutral principles of law that the Dennis Canon applies and that it clearly establishes an express trust interest in the property in favour of the Episcopal Church and the Diocese."
At the 1979 General Convention the Episcopal Church adopted a canon that gave an interest in all church property to the diocese and national Church. Bishop Seabury Church, which quit the Episcopal Church to join the Nigerian-backed Convocation of Anglicans in North America in 2007, had argued that this rule violated state law which required restrictions on the title of property to be recorded with the courts. The Connecticut court held that the Episcopal Church's canons on property took precedence over this common law principle.
Read the full story at www.VirtueOnline.org
The Connecticut Supreme Court has rejected the appeal of a Groton parish that it be allowed to depart from the Episcopal Church with its property
October 22, 2011
In a 30 September ruling, the court held that under Connecticut law the Episcopal Church's property rules - the Dennis Canon - took precedence over state property laws.Writing for the court, Justice Peter Zarella sated "we now conclude under neutral principles of law that the Dennis Canon applies and that it clearly establishes an express trust interest in the property in favour of the Episcopal Church and the Diocese."
At the 1979 General Convention the Episcopal Church adopted a canon that gave an interest in all church property to the diocese and national Church. Bishop Seabury Church, which quit the Episcopal Church to join the Nigerian-backed Convocation of Anglicans in North America in 2007, had argued that this rule violated state law which required restrictions on the title of property to be recorded with the courts. The Connecticut court held that the Episcopal Church's canons on property took precedence over this common law principle.
Read the full story at www.VirtueOnline.org
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