Kemp v. Neal
Supreme Court of Georgia
1Concurring in part, dissenting in partCarley, Presiding Justice
I fully agree with Division 1 of the per curiam opinion that this appeal comes within our jurisdiction over equity cases and that we therefore must resolve the merits thereof. However, I strongly disagree with Division 2 because, in the absence of any showing or ruling of estoppel, the relatively recent provision of the “Discipline” of the AME Church on which the majority relies cannot provide the basis for the requisite application of the “neutral principles of law” method to a title obtained by the local church decades prior to adoption of that provision. Furthermore, this analysis would…
2Cases cited9 opinions
- Jones v. WolfSupreme Court of the United States · 1979
- Carnes v. SmithSupreme Court of Georgia · 1976
- Crumbley v. SolomonSupreme Court of Georgia · 1979
- Arkansas Presbytery of the Cumberland Presbyterian Church v. Hudson Ex Rel. JonesSupreme Court of Arkansas · 2001
- Simmons v. Community Renewal & Redemption, LLCSupreme Court of Georgia · 2009
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