Presbytery of Greater Atlanta, Inc. v. Timberridge Presbyterian Church, Inc.

The courts have virtually ignored the summary judgment standard in church property disputes thereby giving little credence to the opportunity for the parties to have a jury, as opposed to a judge, decide the issues. Carnes v. Smith, 236 Ga. 30 (222 SE2d 322) (1976); Rector of Christ Church v. Bishop of the Episcopal Diocese of Ga., Inc., 305 Ga. App. 87 (699 SE2d 45) (2010), aff'd 290 Ga. 95 (718 SE2d 237) (2011), as well as this case. “[The] civil courts use ‘neutral principles of law,’ i.e., statutes, charters, relevant deeds of conveyance, and the organizational constitutions and bylaws of…