Episcopal Church in the Diocese of Conn. v. Gauss
Annotate this CaseThis was the second of two appeals arising from a property dispute between Plaintiffs, members of a local parish of the Episcopal church and the church, and Defendants, several present or former officers or vestry members of the parish. Plaintiffs brought an action against Defendants, alleging breach of trust for the wrongful failure to relinquish to Plaintiffs all of the real and personal property of the parish following a decision by a majority of the voting members of the parish, including Defendants, to withdraw from the diocese and to affiliate the parish with an ecclesiastical society that was not part of the Episcopal church. The trial court granted summary judgment in favor of Plaintiffs. The Supreme Court affirmed, holding the trial court properly (1) granted summary judgment in favor of Plaintiffs and declared that the disputed property was held in trust for the Episcopal church, and that Defendants had no right or authority to occupy, use or possess the property; (2) ordered Defendants to relinquish possession, custody and control of the property to the Plaintiffs; and (3) permitted Plaintiffs to move for an order of accounting.
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