The Protestant Episcopal Church in the Diocese of South Carolina v. The Episcopal Church

Summary

The South Carolina Supreme Court addresses ownership of real and personal property following the disassociation of the Protestant Episcopal Church in the Diocese of South Carolina and multiple parishes from The Episcopal Church. The court holds that its 2017 decision did not finally determine ownership of all parish real property and conducts a parish-by-parish analysis of express accession to the Dennis Canon and the resulting trusts. The court affirms in part and reverses in part, and substitutes the attached opinion on rehearing.

Holdings

1. The 2017 Court did not make a final decision as to the real property owned by twenty-nine parishes; the Supreme Court therefore properly reviewed the circuit court's 2020 parish-by-parish determinations.
2. Express accession occurs when, after adoption of the Dennis Canon, a parish states in an official document such as a constitution or bylaws that it adopts or accedes to the canons of The Episcopal Church, together with circumstances showing knowledge of the Dennis Canon and participation in adopting the Diocesan Canon; such conduct creates a trust in favor of the National Church and its diocese.
3. Language stating that a parish pledges allegiance, operates pursuant to, is subject to, or agrees to conform to the National Church's or diocesan canons, without more, does not create a trust in favor of the National Church or its diocese.
4. The trusts created by express accession to the Dennis Canon in this case before January 1, 2006 were irrevocable.
5. The Church of the Holy Cross, Stateburg and the Vestries and Church Wardens of the Parish of St. Andrew created revocable trusts after January 1, 2006 and revoked those trusts in accordance with South Carolina law.
6. The 2017 Court decided that the real and personal property held in trust by the Trustees is held for the benefit of the Associated Diocese, and that decision applied to all Diocesan and Trustee property rather than only Camp St. Christopher.
7. The court deferred the disputes concerning names, styles, emblems, trademarks, intellectual property, and service marks to the federal courts.

Questions Presented

1. Whether the Supreme Court's five separate 2017 opinions finally decided ownership of the real property occupied by all twenty-nine remaining parishes.
2. What conduct constitutes express accession to the Dennis Canon and creation of a trust under South Carolina trust law.
3. Whether trusts created by express accession to the Dennis Canon were irrevocable or revocable under South Carolina Code section 62-7-602(a).
4. Whether two parishes created revocable trusts after January 1, 2006 and validly revoked them.
5. Whether the 2017 decision resolved ownership of real and personal property held by the Trustees and the Disassociated Diocese.
6. Whether state courts should decide the parties' disputes concerning names, styles, emblems, trademarks, and service marks.

Disposition

other