Reply filed in support of Petition for Writ of Mandamus

The Episcopal Church in South Carolina (TECSC) and The Episcopal Church today filed a reply with the South Carolina Supreme Court, offering additional points in support of their request for Writ of Mandamus to enforce the high court’s 2017 decision to return control of diocesan property and 29 parish properties to The Episcopal Church and its local diocese, TECSC.
 
The "Petitioners' Reply to Intervenors' Return" says The Episcopal Church and TECSC stand by their March 20 “Petition for Writ of Mandamus,” and offers five points in response to arguments raised in the “Intervenors’ Return” filed on April 11 by attorneys for the group that left the Church.
 
The disputed properties currently are under the control of a group led by Bishop Mark Lawrence that left The Episcopal Church in 2012 and then sued the Church in an attempt to keep the property. The continued delay in enforcing the high court’s decision is causing harm to TECSC, the petition says. The decision was remitted to Circuit Court Judge Edgar W. Dickson for enforcement in November 2017. 
 
Attorneys for the breakaway group have argued that the decision is too unclear to be enforced. However, today’s “Petitioners’ Reply” notes that the breakaway group clearly understood that the result of the high court's decision would be to return property to The Episcopal Church, quoting from arguments they filed in 2017 seeking a rehearing. “Now, they take a contradictory position, denying that result,” the “Petitioners’ Reply” says.
 
The disassociated group also argued that the petition for writ of mandamus should be denied because the Episcopal parties can wait for a decision and then appeal.
 
"They say this, self-servingly, while maintaining unlawful possession and control of trust property for which they have 'repudiated their role as trustees,'" today’s Reply says, quoting an earlier document the breakaway group filed with Judge Dickson.
 
"This is a plain admission that they are not holding and protecting the property for Petitioners, but rather are improperly using it for their own purposes," today's Reply says. "That property includes unique real estate, historic buildings, and artifacts that cannot be replaced, along with accounts held in trust that are being depleted as this litigation is being improperly prolonged."
 
The Episcopal Church and TECSC have asked Judge Dickson to order the return of the property and assets, and have also requested a full accounting. So far, no action has been taken on those requests.