North Carolina Parish Lawsuit Ends in Mistrial
Episcopal News Service. July 20, 2001 [2001-192]
Jan Nunley
(ENS) A lawsuit filed by the Diocese of East Carolina and St. Andrew's Episcopal Church in Morehead City, North Carolina, to recover property occupied by a group affiliated with the Anglican Mission in America ended in a mistrial July 14 in Carteret County Superior Civil Court.
After six days of testimony, the jury in the case announced that it saw no possibility that it would reach a unanimous decision. The jury was split 9-3 in favor of the defendants. Judge John B. Lewis Jr. then declared a mistrial.
The departing group claimed to have documents that would "stand the test of any litigation" establishing that ownership of the properties and real goods of St. Andrews was deeded to the vestry. The diocese and parishioners who remained claimed that all property of the parish, which was established in 1952, was held in trust for the diocese, which "lays rightful claim to it upon the resignation and withdrawal of the vestry and other members from membership in The Episcopal Church," according to canons I.7.4 and II.6.
Positive outcome
In a letter to the clergy and wardens of the diocese concerning the verdict, Bishop Clifton Daniel III said that "on balance, I view the outcome in a positive way." He said he would "begin consultations" on what the diocese's next action would be.
"I am thankful for and proud of the growing parish of St. Andrew's Episcopal Church, Morehead City, which remains in a positive spirit as I saw this past Sunday when I joined some 80 others for worship," he added. "Soon, they will move into a new building to accommodate their growing numbers and the vitality of their parish life. I am also thankful for the wonderful support evidenced by so many of you throughout the diocese over the course of the last week."
The clergy and vestry of St. Andrew's notified Daniel in March 2000 that the parish was withdrawing from the Episcopal Church and the Diocese of East Carolina. Daniel informed them that while individuals may leave, no vestry has the authority to withdraw a parish from membership in the Episcopal Church or the diocese. He asked that those leaving turn over all property of the church to the diocese and to the 25 parishioners who chose to remain in the Episcopal Church. The vestry refused and trustees of the diocese and the parish's newly elected vestry filed suit to recover the church's property and assets. St. Andrew's Episcopal Church has been meeting in Morehead City Middle School since that time.
The parish's former rector, Christopher King Cole, an assisting priest, John Harvey Grayson, and Deacon John William Gladstone, were deposed by Daniel in November 2000 on the grounds that they had "abandoned the Communion of this Church" according to Canons IV.10, IV.12.1(d), and IV.12.4(d).