Diocese Files Petition for Rehearing and a Motion for Relief from Judgment with the SC Supreme Court

In response to the South Carolina Supreme Court’s opinion published on August 17, the historic Episcopal Diocese of South Carolina filed a Petition for Rehearing and a Motion for Relief from Judgment on Thursday, September 1, in regard to the court’s recent decisions concerning two churches that were once part of the historic diocese—Old St. Andrew’s in Charleston, and The Church of the Holy Cross in Stateburg.

In the Petition for Rehearing, attorneys for the Episcopal Diocese of South Carolina note that while the Court made a “factual determination and issued a declaratory judgment” as to whether the two churches revoked the trusts they expressly created, no court “previously addressed whether these parish trusts were revocable or actually revoked based on post-2006 evidence” because it was not previously considered an issue in the case. Because it was not considered, the Episcopal Diocese did not have “reason or opportunity to introduce evidence on this issue.” The petition requests that the Court reverse or vacate the rulings on revocability or revocation involving these two churches, or allow for the introduction of additional evidence before making a final ruling.

In the Motion for Relief from Judgment, various evidence was presented to support a cause for relief from the declaratory judgement in favor of Old St Andrew’s, Charleston, and Holy Cross, Stateburg, based on the fact that the trusts were not revocable or that our diocese should be allowed to present further evidence to the Court. The motion also notes that a lack of full transparency between legal counsel on some issues constituted what is legally known as a “fraud on the court” that would be sufficient to provide relief from judgment.

Bishop Ruth Woodliff-Stanley expressed her gratitude in this moment. “I am grateful to our chancellor and legal team for their hard work and wisdom, and pray for the Court to respond with justice and clarity that will allow us to move to full resolution of these matters,” said Bishop Woodliff-Stanley. “This represents another step on what has been a long and trying journey, but even in this moment, God is unfolding a new season before us. I look forward to discovering with you all that God has in store.”

Once the Court has published the filings on their site, they will be linked here. Until then, a copy of the Petition for Rehearing can be viewed at this link , and the Motion for Relief from Judgment can be viewed at this link. All additional exhibits will be available when shared on the Court’s website.