This appeal involves a dispute over church property between the National Episcopal Church1 and Rector, Wardens and Vestrymen of Christ Church in Savannah hereinafter “Christ Church”, a parish of the National Episcopal Church that has sought to disaffiliate and that has retained control of church property.2 At issue is whether the church property is impressed with a trust in favor of the National Episcopal Church. Both parties filed motions for summary judgment. The trial court granted the National Episcopal Church’s motion for summary judgment and denied Christ Church’s motion for summary judgment, finding that even though the parish owns its real estate, the discipline, canons, and constitutions of the National Episcopal Church and the Diocese of Georgia established an implied and express trust over the property for the use of the National Episcopal Church. We find no error and affirm the trial court’s order. In fact, Superior Court Judge Michael Karpf, in his twenty-one page order, thoroughly and correctly detailed the history of Christ Church and the National Episcopal Church, and he properly analyzed the relevant statutes and church documents. We have incorporated much of his order in our opinion. It is well-settled that civil courts cannot intervene in doctrinal disputes within a church.3 However, where a church property dispute can be resolved without regard to the doctrinal disputes, a court is authorized to render a decision that enforces the legal rights of the parties.4 Georgia law recognizes two basic types of church government: congregational and hierarchical.5 A congregational church is strictly independent of other ecclesiastic associations and owes no fealty or obligation to any higher church government authority.6 If the church government is congregational, then a majority of its members control its decision and local church property.7 A hierarchical church, on the other hand, is “organized as a body with other churches having similar faith and doctrine with a common ruling convocation or ecclesiastical head.”8 If a church is hierarchical, then we must use “neutral principles of law” to determine whether the local church or parent church has the right to control local property.9 Neutral principles of law include state statutes, corporate charters, relevant deeds, and the organizational constitutions and bylaws of the denomination.10
Here, careful consideration of the National Episcopal Church’s structure and history persuades us that the National Episcopal Church is hierarchical. The church organization has three tiers: 1 the National Episcopal Church, 2 geographically-defined dioceses that belong to, are subordinate to, and are under the jurisdiction of the National Episcopal Church, and 3 local parishes that belong to, are subordinate to, and are under the jurisdiction of the National Episcopal Church and the individual diocese in which the parish is located. At the present time, the National Episcopal Church is comprised of 111 dioceses and thousands of individual churches, each of which must be affiliated with a diocese. The National Episcopal Church is governed by a general convention composed of bishops and deputies. The dioceses are governed by bishops and an annual convention. Each parish is governed by a vestry, which is akin to a board of directors. The vestry of each church sends delegates to its diocesan convention, and each diocese sends delegates to the general convention. There are governing documents at each level of the church. The National Episcopal Church has a constitution and canons, which are similar to bylaws. The dioceses also have constitutions and canons, but these are subordinate to the governing documents of the National Episcopal Church. The individual parishes are controlled by the terms of their charters and bylaws, which are in turn subordinate to the constitutions and canons of both the diocese and the National Episcopal Church. In addition, the dioceses and parishes are subject to the doctrine, discipline, and worship of the National Episcopal Church generally.
