Dispute over Historic Parish in Mobile, Alabama, is Settled
Episcopal News Service. May 30, 2001 [2001-136]
James Solheim
(ENS) The battle over a historic church in downtown Mobile, Alabama, ended in the early hours of May 29 when lawyers in the dispute told a circuit judge that they had reached a settlement.
Last October the members of Christ Church voted to leave the Episcopal Church to form Christ Anglican Church, citing the growing acceptance and tolerance of homosexuals and what they characterized as a drift from Anglican roots. They announced their intention to keep the property.
In response, the Diocese of Central Gulf Coast filed suit. "While we respect the decision of those who wish to leave the Episcopal Church, we will take the actions necessary to make the land, buildings and property available to Episcopalians who wish to continue to worship there," said Bishop Charles Duvall, now retired.
Under the terms of the settlement, Christ Anglican Church, which affiliated with the Anglican Mission in America (AmiA), would vacate the church facilities by October 28 and convey the property and trust funds to the congregation that continues its affiliation with the diocese.
"I'm pleased that the issue is settled and that the continuing Episcopal congregation will have it's rightful place in that Episcopal building," said Broox Holmes, a Mobile attorney who represented the diocese.
The Rev. Harry Griffith, executive director of AmiA, said that the settlement was "courageous on the part of the congregation and its rector, Tim Smith, but also heart-wrenching for all parties involved. We are encouraged and joyful that they are moving on with confidence, hope and faith."
Preparing to leave
According to news reports, a turning point in the case might have been a brief filed May 25 that traced the history of property ownership and chronicled plans by the rector, Tim Smith, to leave the denomination. The lengthy brief made what proved to be a convincing case that the plan to leave the Episcopal Church and keep the property had been hatched years ago, as early as 1994.
"The evidence shows that, within two years of arriving at Christ Episcopal Church, Smith began researching how he and his allies in the congregation could leave the Episcopal Church and take the property of the church with them," said attorney Palmer Hamilton in his summation. The evidence seemed to refute Smith's contention that he didn't know until the October vote whether he was leaving.
Smith told the press that he does not know what the congregation will do or where it will go but he insisted that it would survive. "It would be our hope that wherever we are, it enables us to continue the powerful ministries which God is accomplishing through this faith community--and to do so without hindering or hampering our ministries," he said in an interview with the local newspaper. "And we believe this settlement will enable that to take place."
The lawyer for Smith and the congregation, Lloyd Roebuck, said that the settlement was "a victory for all parties concerned" because they realized that "their ultimate mission is not over bricks and mortar."
Elated--and relieved
Diocesan leaders were elated and "relieved" with the settlement, according to Bishop Philip M. Duncan II. "The Episcopal congregation is charged and ready to move back into the building and resume its ministry in that place," he said in a phone interview.
A strong core of the congregation has been "camping out in exile" at St. John's Church in Mobile where the hospitality has been fine, he added. But now they are eager to "get back where they belong, moving beyond this to recapture their sense of mission." While the controversy was not without its costs, the bishop said--in money and relationships, "we are ready now to enter a period of healing and reconciliation."
Vincent Currie, the diocesan financial officer and vice president of the House of Deputies, said that the congregation in exile was "very viable," with a strong lay leadership. "They will rally," he said, "because they never lost spirit."
He also predicted that other members, who have left the church in recent years because they were not happy about its direction, would also return. "Within a year I think it is likely that they will regain their strength."