Legal Opinion · Concurring in part, dissenting in part

Protestant Episcopal Church in the Diocese of South Carolina v. Episcopal Church

Supreme Court of South Carolina

Decided August 2, 2017No. Appellate Case No. 2015-000622; Opinion No. 27731Published

1Concurring in part, dissenting in part

JUSTICE KITTREDGE:

Because I believe the proper application of “neutral principles of law,” as enunciated in Jones v. Wolf,30 demands that all thirty-six local parishes retain ownership and control of their property, I would affirm the trial court in result.31

*252This Court may—indeed, must—resolve this property dispute on the basis of civil law, without regard to religious doctrine or practice.32 I first address the twenty-eight local churches that acceded in writing to the 1979 Dennis Canon. Justice Toal presents a scholarly analysis of South Carolina trust law. I take no exception to her…

2Cases cited8 opinions

  1. Jones v. WolfSupreme Court of the United States · 1979
  2. I'On, L.L.C. v. Town of Mt. PleasantSupreme Court of South Carolina · 2000
  3. First Savings Bank v. McLeanSupreme Court of South Carolina · 1994
  4. Brouwer v. Sisters of Charity Providence HospitalsSupreme Court of South Carolina · 2014
  5. Broga v. Rome Trust Co.New York Supreme Court · 1934

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