Judge requests list of issues in church property case

ORANGEBURG, S.C. — The Chief Administrative Judge of the 1st Judicial Circuit, Judge Edgar W. Dickson, met today with attorneys to begin setting a timetable for resolving how to implement the transfer of diocesan and parish property back to The Episcopal Church under an August 2017 decision by the South Carolina Supreme Court.

After a 32-minute scheduling conference at the Orangeburg County Courthouse, the judge asked attorneys for each side to provide a list of the issues they believe he needs to decide in executing the decision the Supreme Court remitted to his court. Attorneys for both sides said they would provide the list in 1 week. No other dates were set.

Judge Dickson opened the conference by acknowledging the complexity of the case, which involves 29 plaintiff parishes and all property and assets of the Diocese of South Carolina. He stressed the need to move forward with resolving it.

“I don’t want this case to drag out,” he said. “I need to move this along, and you all need to get some resolution.”

Chancellor Thomas S. Tisdale Jr., representing The Episcopal Church in South Carolina (TECSC), suggested that the judge could give all parties a schedule for submitting briefs on outstanding issues, and then set aside one day for a hearing on all of them. “We are quite sensitive to your suggestion to terminate this whole thing as soon as possible,” he said.

Nineteen attorneys appeared representing the plaintiffs of the breakaway group on the left side of the courtroom, with four for TECSC and The Episcopal Church on the right. A handful of spectators included Mark Lawrence, bishop of the group that broke away from The Episcopal Church in 2012 and initiated the lawsuit in January 2013.

The Episcopal Church and TECSC have asked Judge Dickson to consider appointing a judge called a Special Master to oversee the complex process of returning property and assets. They also have petitioned for a full accounting of all assets held by the breakaway group.

Another issue for the court is a second lawsuit filed by the plaintiffs in November 2017 under a South Carolina law known as the “betterments statute,” seeking compensation for improvements to properties. The Episcopal Church and TECSC have filed a motion to dismiss that case. 

Another pending motion from the plaintiffs is to have the case designated as “complex.” Plaintiff’s attorney Alan Runyan told the judge the intent of seeking “complex” designation is to be sure the same judge handles both the Supreme Court decision and the betterments case.

“I don’t think anybody’s going to jump into this," Judge Dickson said, laughing, "but if somebody calls me, I’ll let you know."