Protestant Episcopal Church in the Diocese of South Carolina v. Episcopal Church
Supreme Court of South Carolina
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
- Jones v. WolfSupreme Court of the United States · 1979
- I'On, L.L.C. v. Town of Mt. PleasantSupreme Court of South Carolina · 2000
- First Savings Bank v. McLeanSupreme Court of South Carolina · 1994
- Brouwer v. Sisters of Charity Providence HospitalsSupreme Court of South Carolina · 2014
- Broga v. Rome Trust Co.New York Supreme Court · 1934
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