CHURCH DIOCESE FILES 

MOTION TO DISMISS

On December 15, 2017, Church lawyers filed in the circuit court of Dorchester County  "Notice of Motion and Motion to Dismiss Complaint." Find it here .They are asking the court to dismiss the November 19, 2017 Complaint filed by the independent Diocese of South Carolina. In this, DSC demanded payment for "improvements" made to the properties in question under the "Betterments Statute."

The Church's motion to dismiss raised several arguments: that the Complaint was improperly filed because it was not made within 48 hours after the August 2 state supreme court decision; that Plaintiffs are not due relief; and most importantly, the Defendants (TEC/TECSC) do not own the properties in question. The diocesan property is owned by the Trustees of the Protestant Episcopal Church in the Diocese of South Carolina, and the parish properties are owned by the parishes and held in trust for the Church and the Church diocese. Neither the diocese nor the parishes have any right to claim payments from their own beneficiaries. In short, the Church lawyers said DSC's Complaint should be discarded because it was untimely and was improperly filed.

The Plaintiffs (DSC) can now file in court a counter argument. We can expect one perhaps in a few days.

After the counter paper, the circuit court will schedule a hearing.

See the Church diocese's press release on this here .