wfn.org | Dispute over historic parish in Mobile, Alabama, is settled

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2001-136

Dispute over historic parish in Mobile, Alabama, is settled

by James Solheim
jsolheim@episcopalchurch.org

     (ENS) The battle over a historic church in downtown Mobile, Alabama, ended 
in the early hours of May 29 when lawyers in the dispute told a circuit judge 
that they had reached a settlement.

     Last October the members of Christ Church voted to leave the Episcopal 
Church to form Christ Anglican Church, citing the growing acceptance and 
tolerance of homosexuals and what they characterized as a drift from Anglican 
roots. They announced their intention to keep the property.

     In response, the Diocese of Central Gulf Coast filed suit. "While we respect 
the decision of those who wish to leave the Episcopal Church, we will take the 
actions necessary to make the land, buildings and property available to 
Episcopalians who wish to continue to worship there," said Bishop Charles Duvall, 
now retired.

     Under the terms of the settlement, Christ Anglican Church, which affiliated 
with the Anglican Mission in America (AmiA), would vacate the church facilities 
by October 28 and convey the property and trust funds to the congregation that 
continues its affiliation with the diocese.

     "I'm pleased that the issue is settled and that the continuing Episcopal 
congregation will have it's rightful place in that Episcopal building," said 
Broox Holmes, a Mobile attorney who represented the diocese.

     The Rev. Harry Griffith, executive director of AmiA, said that the 
settlement was "courageous on the part of the congregation and its rector, Tim 
Smith, but also heart-wrenching for all parties involved. We are encouraged and 
joyful that they are moving on with confidence, hope and faith." 

Preparing to leave

     According to news reports, a turning point in the case might have been a 
brief filed May 25 that traced the history of property ownership and chronicled 
plans by the rector, Tim Smith, to leave the denomination. The lengthy brief made 
what proved to be a convincing case that the plan to leave the Episcopal Church 
and keep the property had been hatched years ago, as early as 1994.

     "The evidence shows that, within two years of arriving at Christ Episcopal 
Church, Smith began researching how he and his allies in the congregation could 
leave the Episcopal Church and take the property of the church with them," said 
attorney Palmer Hamilton in his summation. The evidence seemed to refute Smith's 
contention that he didn't know until the October vote whether he was leaving. 

     Smith told the press that he does not know what the congregation will do or 
where it will go but he insisted that it would survive. "It would be our hope 
that wherever we are, it enables us to continue the powerful ministries which God 
is accomplishing through this faith community--and to do so without hindering or 
hampering our ministries," he said in an interview with the local newspaper. "And 
we believe this settlement will enable that to take place."

     The lawyer for Smith and the congregation, Lloyd Roebuck, said that the 
settlement was "a victory for all parties concerned" because they realized that 
"their ultimate mission is not over bricks and mortar."

Elated--and relieved

     Diocesan leaders were elated and "relieved" with the settlement, according 
to Bishop Philip M. Duncan II. "The Episcopal congregation is charged and ready 
to move back into the building and resume its ministry in that place," he said in 
a phone interview. 

     A strong core of the congregation has been "camping out in exile" at St. 
John's Church in Mobile where the hospitality has been fine, he added. But now 
they are eager to "get back where they belong, moving beyond this to recapture 
their sense of mission." While the controversy was not without its costs, the 
bishop said--in money and relationships, "we are ready now to enter a period of 
healing and reconciliation."  

     Vincent Currie, the diocesan financial officer and vice president of the 
House of Deputies, said that the congregation in exile was "very viable," with a 
strong lay leadership. "They will rally," he said, "because they never lost 
spirit." 

     He also predicted that other members, who have left the church in recent 
years because they were not happy about its direction, would also return. "Within 
a year I think it is likely that they will regain their strength."

--James Solheim is director of Episcopal News Service.