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GEORGIA: Diocese files petition to regain Christ Church, Savannah property

Episcopal News Service. November 16, 2007 [111607-06]

Matthew Davies

The Episcopal Diocese of Georgia filed a petition to Chatham Superior Court November 14 to regain "all real and personal property" of Christ Church, Savannah, whose vestry voted unanimously September 30 to place the congregation under the care of John Guernsey, a former Episcopal priest who was consecrated September 2 as a bishop in the Anglican Church of the Province of Uganda.

According to a diocesan news release, the Diocese of Georgia is petitioning the Court "to declare that the former rector and vestry may not divert, alienate, or use the real or personal property of Christ Church except for the Church's mission, as provided by and in accordance with the Constitution and Canons of the Episcopal Church and the Diocese of Georgia."

On October 14, 87 percent of the Christ Church congregation present at a meeting voted to affirm the vestry's September 30 decision.

Georgia Bishop Henry I. Louttit wrote to the remaining members of Christ Church on October 8 in an effort to reassure them that "we will carry on the mission and ministry of the Episcopal Church at Christ Church in Savannah."

Louttit has appointed the Rev. Canon Neal Phelps as priest-in-charge of Christ Church and its continuing members.

Former Christ Church rector Marcus B. Robertson "is no longer a priest in the Episcopal Church or the Diocese of Georgia, and he is no longer rector of Christ Church," the news release says. "Based on the departure of Robertson and the wardens and other members of the vestry from the Episcopal Church and their alignment with the Church of the Province of Uganda and further based on the requirements of Episcopal Church Canon I.17.8, the Bishop removed each defendant from his or her position at Christ Church. By their formal alignment with the Church of Uganda and their departure from union with the Diocese of Georgia, defendants have relinquished all legal right to possess or control the real and personal property held by Christ Church."

An October news release from the vestry said that the members expected "claims to be made" on Christ Church's property and that they are "prepared to protect the property of our parish and defend it to the utmost against any action that seeks to take it from us."

According to the complaint filed by the diocese, "the real and personal property of Christ Church may lawfully be used only for the mission of the Episcopal Church and the Diocese of Georgia, and such property continues to be subject to the trust for the Episcopal Church and the Diocese of Georgia, to be used by those and for those who continue to worship in union with and carry out the mission of the Episcopal Church and the Diocese of Georgia."