[Magdalen] Fwd: Legal News: Circuit Court Judge Holds Hearing on State Property Case

Wed Nov 27 16:19:05 UTC 2019

This may be of interest to some in the pub.  And, on and on and on.......

Ginga

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From: The Diocese of South Carolina <info at episcopalchurchsc.org>
Date: Wed, Nov 27, 2019 at 10:04 AM
Subject: Legal News: Circuit Court Judge Holds Hearing on State Property
Case
To: <gingawilder at gmail.com>

In a hearing on Tuesday, Judge Edgar Dickson indicated he plans to rule on
a Motion for Clarification and asked both sides to submit proposed orders.
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CIRCUIT COURT HEARING HELD REGARDING SC SUPREME COURT MAJORITY DECISION

Read this article on our website
<https://episcopalchurchsc.us6.list-manage.com/track/click?u=dc801ce41dd668e19fb3a3b7a&id=24d423d6b7&e=750b6cd08a>

*ORANGEBURG, SC – *In a nearly two and a half hour hearing Tuesday morning
at the Orangeburg County Courthouse, South Carolina Circuit Court Judge
Edgar Dickson heard arguments on both sides for a variety of motions
currently before his court relating to the South Carolina Supreme Court
majority decision in favor of The Episcopal Church in South Carolina (also
known as The Diocese of South Carolina) on August 2, 2017.

Attorneys for the disassociated diocese focused primarily on the Motion for
Clarification of Jurisdiction and Other Relief they filed on March 22,
2018, with a supplement
<https://episcopalchurchsc.us6.list-manage.com/track/click?u=dc801ce41dd668e19fb3a3b7a&id=0ce49df95b&e=750b6cd08a>
filed
in September 2018. They sought clarification on the Supreme Court’s
majority opinion that the 29 parishes named in the lawsuit did “expressly
accede to the Dennis Canon,” and told the judge that if he ruled on that
motion, all of their other motions before the court would be “moot,”
including the Betterments case.

Mary Kostel, Chancellor to Presiding Bishop Michael Curry, pointed out the
evidence provided in the original state trial which supported the assertion
that the 29 churches did in fact accede to the Dennis Canon, and that the
South Carolina Supreme Court used in rendering their majority opinion that
agreed to the same.

As Chancellor Thomas S. Tisdale, Jr. noted, on the issue of parish
property, the majority of the Supreme Court – Chief Justice Beatty, Justice
Pleicones, and Justice Hearn – held that the parishes that acceded in
writing to the Dennis Canon (within the Church’s Constitution and Canons)
hold their property in trust for the Church and the Episcopal Diocese of
South Carolina. And, furthermore, that Chief Justice Beatty concluded that
the parishes’ written accessions were “sufficient to create an irrevocable
trust” under South Carolina law.

Chancellor Tisdale focused his arguments primarily on the Enforcement
Petition filed in May 2018 (the Amended Petition from May 16, 2018, can be
viewed here
<https://episcopalchurchsc.us6.list-manage.com/track/click?u=dc801ce41dd668e19fb3a3b7a&id=2a434ae551&e=750b6cd08a>)
and offered case law to support that since the case was sent on remittitur
to Judge Dickson, it cannot be reheard, relitigated, or reconsidered. While
the attorneys for the disassociated diocese made much of the 2-2 decision
of the South Carolina Supreme Court not to rehear the case in November 2017
as being ambiguous or unclear, Chancellor Tisdale read aloud the statement
<https://episcopalchurchsc.us6.list-manage.com/track/click?u=dc801ce41dd668e19fb3a3b7a&id=55d4ff9d39&e=750b6cd08a>
signed
by all four justices in announcing this denial saying: “Therefore the
petitions have been denied, and the opinions previously filed in this case
reflect the final decision of the court.”

Judge Dickson asked many questions of both sides throughout the hearing,
and in the end, he requested that both sides submit proposed orders on the
Motion for Clarification. He asked that these orders address “how we got
here,” the law of the case, and findings specifically supported by court
records. He asked the attorneys to decide together the timeframe to submit
the proposed orders.

 “That was the most substantive hearing we have had to date with Judge
Dickson on this case,” said Chancellor Thomas S. Tisdale, Jr.
*Copyright © 2019 The Diocese of South Carolina, All rights reserved.*
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