Rector, Wardens and Vestrymen of Christ Church in Savannah v. Bishop of the Episcopal Diocese of Georgia, Inc., 290 Ga. 95

Summary

The Supreme Court of Georgia considered a dispute over control of property belonging to Christ Church in Savannah after a majority faction disaffiliated from the Episcopal Church. Applying the neutral-principles-of-law approach, the court held that the church property was held in trust for the benefit of the Episcopal Church, although the lower courts may have relied too directly on OCGA §§ 14-5-46 and 14-5-47. The court examined title instruments, statutes, and local and general church governing documents without resolving religious doctrine.

Holdings

1. Georgia courts may resolve hierarchical church property disputes by applying neutral principles of law without deciding religious doctrine or deferring to ecclesiastical authorities.
2. The deeds and other title instruments did not themselves create a trust in favor of the Episcopal Church, but neither did they preclude creation or implication of such a trust.
3. The court did not decide whether OCGA §§ 14-5-46 and 14-5-47 directly applied to all of the property, but held that Georgia precedent and Jones permitted consideration of the mode of church government and rules of discipline in applying neutral principles.
4. Failure to create an express trust complying with OCGA § 53-12-20 does not preclude implication of a trust over church property under the neutral-principles doctrine.
5. Neutral principles of law demonstrated that the property of Christ Church at issue was held in trust for the benefit of the Episcopal Church.

Questions Presented

1. Whether Georgia courts properly apply the neutral-principles-of-law approach, rather than ecclesiastical deference, to resolve a hierarchical church property dispute.
2. Whether OCGA §§ 14-5-46 and 14-5-47 directly governed the property and established a trust in favor of the Episcopal Church.
3. Whether the title instruments, Georgia statutes, local and general church governing documents, and the parties' pre-dispute conduct demonstrated that Christ Church property was held in trust for the Episcopal Church.
4. Whether the absence of an express trust complying with Georgia's generic express-trust statute precluded finding a trust under the neutral-principles approach.

Disposition

affirmed