Christ Church Episcopal is currently engaged in a legal dispute involving the ownership of its historic church building located on Johnson Square and other Church properties and assets.

The dispute began in March 2006 when the Church’s former rector and members of the vestry covertly and without prior notice to the Episcopal Bishop of Georgia or the congregation changed the Church’s articles of incorporation to disavow Christ Church’s 217 year affiliation with The Episcopal Church. Subsequently, the former rector and vestry asserted that Christ Church would become affiliated with the Church of Uganda under the control of the Ugandan Bishop.

Unfortunately, efforts to resolve the matter outside of the legal process were unsuccessful. Therefore, the Diocese of Georgia was compelled to file a lawsuit in the Superior Court of Chatham County in November of 2007. In the lawsuit, the Diocese of Georgia asked the Court to declare that all real and personal property of Christ Church be held in trust for The Episcopal Church and the Diocese of Georgia as provided for in the Constitution and Canons of the Church and our Diocese; and that a judgment be rendered against the former rector and vestry for all sums used for and diverted to purposes other than for the mission and ministry of The Episcopal Church. The Episcopal Church and our continuing Episcopal congregation of Christ Church, known as Christ Church Episcopal, subsequently joined the case as plaintiffs.

On August 14, 2009, Chatham County Superior Court Judge Michael Karpf heard oral arguments on summary judgment motions filed by both parties relating to who owns the property in question.

On October 27, 2009, Judge Karpf ruled in favor of Christ Church Episcopal on all motions, granting the church “immediate possession” of all property in dispute.  The following day, the breakaway congregation filed a Notice of Appeal to the Supreme Court of Georgia seeking to overturn Judge Karpf’s ruling.  However, the Georgia Supreme Court said that the case must first be heard by the Georgia Court of Appeals and formally transferred the case to them on March 19, 2010.

On July 8, 2010, a three judge panel of the Georgia Court of Appeals in Atlanta unanimously affirmed Superior Court Judge Michael L. Karpf’s October 27, 2009 ruling that that the Episcopal Diocese of Georgia is the rightful owner of the historic Christ Church building on Johnson Square and other Church assets.  A copy of the Court of Appeals’ 25-page opinion can be found here.

In affirming Judge Karpf’s decision on all counts, the appellate court wrote that it found “no error” in Judge Karpf’s decision, which “thoroughly and correctly detailed the history of Christ Church and the National [sic] Episcopal Church, and he properly analyzed the relevant statutes and church documents.” The appellate court also noted Christ Church’s longstanding affiliation with the Episcopal Church including its leadership in forming the Episcopal Diocese of Georgia in 1823 and described as “absurd” the breakaway congregation’s argument that its ownership of the property was obtained through a state legislative act – instead of a deed – and, therefore, not bound by the same laws.

The Bishop of Georgia, the Right Reverend Scott Anson Benhase, said after learning of the Court’s decision, “We are grateful to our Heavenly Father for the sound judgment and wisdom of the court. The historic mission of the Episcopal Church in Savannah and in Georgia flows through Christ Church. Episcopalians through the centuries have given sacrificially and worked faithfully to support the mission of Jesus Christ through His Body at Christ Church. The Court’s ruling reaffirms that this mission, guided by the Holy Spirit, will continue in its historic church home.”

The Georgia Supreme Court heard oral arguments on May 9 in Atlanta.  On November 21, 2011 the Court issued its ruling affirming the lower court’s ruling, effectively ending the four year legal dispute and ensuring that the Episcopal Diocese of Georgia is entitled to legal possession of the historic Christ Church building and other Church assets for the benefit of those who remain faithful to the Diocese and The Episcopal Church.  

On December 12, 2011, Christ Church Episcopal obtained formal possession of the Church building and all other assets of the Church.

On December 18, 2011, and with over 450 in attendance, we held our first service in the historic Christ Church.  The Rev. Michael S. White was the preacher, and The Rt. Rev. Henry I. Louttit, Jr., the ninth bishop of the Diocese of Georgia, served as the celebrant with The Rt. Rev. Harry W. Shipps’ (the Diocese of Georgia’s eighth bishop) serving as the concelebrant.

While Christ Church Episcopal regrets the need for this court action, we, along with the Diocese of Georgia and The Episcopal Church, remain strongly committed to defending our 200+ year legacy of affiliation with The Episcopal Church. We also continue to welcome all of those in the community – new and familiar – who desire to worship with us as Episcopalians.

We remain steadfast and confident in our cause and are humbled and gratified by the overwhelming support we have received from throughout our community, The Episcopal Church and The Anglican Communion.

In the meantime, we ask that you join us in our continuing prayers for our church, our congregation and our brothers and sisters on Johnson Square.