SOUTH CAROLINA: APPEALS COURT REMANDS LAWSUIT OVER EPISCOPAL PROPERTY

The South Carolina Court of Appeals reversed a lower court decision and ordered a full trial in the property dispute involving All Saints Church, Pawleys Island—one of the state’s largest Episcopal churches, which voted to leave ECUSA and join the Anglican Mission in America (AMIA).

In 2000, the Episcopal Diocese filed a public notice asserting that parish property was held in trust for the diocese and national church under the Dennis Canon. All Saints sued to remove the notice, arguing the 1745 deed placed the land in trust for descendants of founders George Pawley and William Poole—for “religious services” only.

Circuit Judge John Breeden ruled for All Saints on summary judgment. The Appeals Court (Judges Howard, Stilwell, and Kittredge) unanimously reversed, stating “a number of issues of material fact” remain—especially:

Whether the original trust required use for the “Church of England established by Law” (which ceased at the Revolution);

Who the legal successor to that entity is (the Episcopal Church claims continuity);

The effect of the parish’s 1902 charter, which incorporated adherence to diocesan and national church canons.

The Diocese hailed the ruling as a full vindication. Chancellor E.N. Zeigler stated: “The Court of Appeals… has upheld every single point made by the diocese.” Canon theologian Rev. Kendall Harmon added: “We’re very pleased… serious questions deserve serious consideration.”

Attorney Henrietta Golding (for All Saints) said the ruling was expected and “not a defeat… simply a recognition there are complex issues” requiring trial.

The Diocese of South Carolina comprises 75 parishes in the lower and eastern part of the state.