SC Supreme Court Grants Partial Remittitur, Requests More Information on Rehearing Requests

In its April 20 decision, the South Carolina Supreme Court ruled that 14 congregations will return to our diocese and The Episcopal Church. Eight of those 14 parishes petitioned the Court on May 5 for a rehearing on a variety of issues. The Court’s rules provide two possible actions in response to these petitions: deny them outright or ask for a response from our diocese and the Episcopal Church before ruling. On Tuesday, June 7, the Court issued an order denying the petition from Christ Church, Mt. Pleasant, as well as some issues raised in the petitions from three other parishes, finding that it had not “overlooked or disregarded” any fact or law related to those issues.

The Court also requested that our diocese and The Episcopal Church respond by June 20 to the remaining issues raised by the petitions. Specifically, those issues involve trust revocation based on South Carolina law and whether trusts were created when language purporting to constitute accession existed in the parishes’ bylaws or constitutions before adoption of the Dennis Canon. Acting Chancellor Skip Utsey and the rest of our legal team will respond by June 20. After that, the Court will decide whether to grant or to deny the remaining aspects of the petitions.

In an additional order, on June 8 the South Carolina Supreme Court granted our diocese’s motion for partial remittitur. The effect of this Order is to make the Court’s April 20 decision final with respect to all diocesan properties that are to be returned to our historic diocese (including the St. Christopher Camp and Conference Center) and seven of the 14 churches that are also ordered to be returned. The churches included in the partial remittitur are: Holy Trinity, Charleston; St. Bartholomew’s, Hartsville; St. David’s, Cheraw; St. James, James Island; St. John’s, Johns Island; St. Matthew’s, Fort Motte; and Christ Church, Mt. Pleasant (the Court specifically noted that because this church’s petition for rehearing is denied, they are included in the partial remittitur).

In the meantime, conversations continue between diocesan leaders on both sides regarding the return of parish and diocesan properties that are not affected by the petitions for rehearing.