Both sides subsequently moved for summary judgment, arguing that the material facts were not in dispute. However, the facts about how ECUSA itself was formed, and about the nature of the relationship between ECUSA, its dioceses and parishes were in dispute, as matters turned out. Instead of denying both motions and setting the case down for trial on the disputed issues, the Judge of the Superior Court in the Eastern District, the Hon. Michael Karpf, accepted the version of the facts offered by the plaintiffs and their experts, and gave summary judgment in their favor. The defendants appealed the judgment to the Court of Appeals, which pretty much incorporated large parts of Judge Karpf's opinion into its own ruling affirming him. Christ Church has requested review by the Georgia Supreme Court. An interesting sidenote: two of the United States Supreme Court's most important decisions on the law of church property disputes were in cases decided first by the Supreme Court of Georgia: Presbyterian Church v. Hull Church, 393 U.S. 440 (1969) (holding Georgia's application of the implied trust doctrine to church property disputes unconstitutional); and Jones v. Wolf, 443 U.S. 595 (1979) (upholding the right of Georgia to decide church property disputes using "neutral principles of law") -- see this post for more details on those cases.
Striking out in Georgia
Timberridge Asks Georgia Supreme Court for Stay; Will Petition United States Supreme Court
Timberridge Files Petition for Certiorari
Christ Church Savannah, Bishop Seabury File for Review in Supreme Court
Through a Glass Darkly: Considerations behind the Christ Church Settlement
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