Episcopal Church in Diocese of Connecticut v. Gauss
28 A.3d 302
| Conn. | 2011Background
- Parishioners of Bishop Seabury Church joined the Episcopal Church and Diocese in 1956 and deeded property to the Parish under Diocesan canon law.
- Parish-owned real and personal property was managed with Diocese/Church approval for transactions through 2007-2008.
- In 2007-2008 Parish members aligned with CANA and were removed by the Bishop; Canon III.9.3 and related church governance followed.
- Plaintiffs (Episcopal Church, Diocese, Cannon) filed suit seeking a declaration that Parish property was held in trust for the Episcopal Church/Diocese and for injunctive relief.
- Trial court granted summary judgment in favor of plaintiffs, found an implied trust (later clarified to be governed by the Dennis Canon), ordered accounting and possession relief; some contempt-related issues were later addressed as moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Application of Dennis Canon to pre-disposition property | Dennis Canon creates express trust for general church | Canon does not apply retroactively to pre-1979 transactions | Dennis Canon applies; trust established in favor of Episcopal Church/Diocese |
| Neutral principles of law vs hierarchical approach | Neutral principles appropriate and not doctrinal | Hierarchical approach should control; deference to higher church authorities | Connecticut adopts neutral principles approach for future disputes |
| Remand necessity due to standard clarification | No remand needed; issues briefed under Jones standard | Remand required to rebrief under clarified standard | Remand not required; issues addressed under Jones framework |
| Validity of order of accounting; basis in equity | Accounting intended to inventory Parish assets and protect status quo | Accounting sought damages or statutory accounting; procedurally improper | Order of accounting upheld as equitable relief to inventory assets; not a damages claim |
| Contempt finding preserved upon mootness | Contempt upheld to enforce compliance | Contempt moot post-compliance | Contempt claim moot; affirmed in all other respects |
Key Cases Cited
- Watson v. Jones, 80 U.S. (13 Wall.) 679 (1871) (trust interpretation depending on church polity; defer to express terms when express trust present)
- Jones v. Wolf, 443 U.S. 595 (1979) (neutral principles of law; allows trust language in deeds/canons; not doctrinal)
- New York Annual Conference v. Fisher, 182 Conn. 272 (1980) (accommodation between hierarchical deference and neutral principles; two-stage inquiry)
- Rector, Wardens & Vestrymen of Trinity-St. Michael's Parish, Inc. v. Episcopal Church in the Diocese of Connecticut, 224 Conn. 797 (1993) (discusses hybrid approach; history of causation in church property cases)
- Jones v. Wolf (California context), 45 Cal.4th 467 (2009) (Dennis Canon enforcement; express trust language; post- Jones developments)
- All Saints Parish Waccamaw v. Protestant Episcopal Church in the Diocese of South Carolina, 385 S.C. 428 (2009) (Dennis Canon context; reliance on statutory/trust law separate from canon)