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...
Judge issues order on Mt. Canaan case, Rev. Brightharp not
included
web
posted December 22, 2007
COLUMBIA – With the recent court case
involving Rev. Brightharp and the Mt. Canaan Baptist Church, Circuit
Court Judge Casey Manning has issued an order on Thursday that was
recorded Friday. Judge Manning left the
case open on December 14, but
the instruction from the bench appears to have caused more confusion
that clarification when Rev. Brightharp distributed a handout the
following Sunday with a title of, “Up-Date On Court Case”. The handout
states, “He (Judge Manning) decided that the pastor Rev. George L.
Brightharp has to stay in place because he has not resigned, nor has he
been removed.” However, Rev. Brightharp is not mentioned in the written
court order and Judge Manning never ruled Brightharp did not resign.
The Official Court Order reinstates the plaintiffs in the case, Thomas
C. McCain, Sr., and Joseph Curry to their positions as Trustees and
James E. Johnson and Nathan Goodwin to their respective place as
Deacons at Mt. Canaan Baptist Church. The order further ruled that any
actions taken by the trustees or deacons after September 11. 2207 are
“null and void”.
Rev. George Brightharp is not mentioned and is not reinstated to his
previous position according to the wording of the order signed by Judge
Manning on Thursday.
Armed with the recent court order, Church officials were back at the
Edgefield County Magistrate’s Office seeking to reinstate the previous
trespassing notification of Rev. Brightharp from the grounds of Mt.
Canaan Baptist Church on Friday. It is unknown at this time if the
request was granted.
Rev. Brightharp was arrested for trespassing after he continued to
preside over sermons after his alleged resignation.
According to the Court Order clocked into the official record at 2:28
pm Friday, Judge Manning ruled:
This matter came
before this court for a hearing on December 14, 2007 upon the
Plaintiffs’ Motion for Preliminary Injunction pursuant to Rule 65 of
the South Carolina Rules of Civil Procedure. Plaintiffs sought, inter
alia, a preliminary injunction restraining and enjoying the Defendant,
G.L. Brightharp, from continuing to act as pastor, and continuing to
have access to, and control of the premises and property of Mount
Canaan Baptist Church in Trenton, South Carolina. Plaintiffs further
sought an injunction reinstating Plaintiffs to their former positions
within the Church. The controversy centers on whether the Defendant has
resigned or was terminated as Pastor of Mount Canaan Baptist Church on
September 11, 2007. After the taking of some testimony, it is apparent
that this Court does not have sufficient time to hear all of the
witnesses which the parties wish to present. It appears further that
the parties may be able to heal their own wounds and resolve this
matter with grace and dignity, if given additional time to do so.
The Court has determined that it shall not make a ruling at this time
on the request for preliminary injunction to enjoy and restrain
Defendant Brightharp from the Church. The Court shall retain
jurisdiction of this matter, and postpone a ruling to give the parties
an opportunity to come together, heal their own wounds, and resolve
this matter.
The Court finds and Orders that the Plaintiffs shall be immediately
reinstated to their former positions as Trustees and Deacons
respectively with all rights and responsibilities appertaining thereto.
Any actions taken after September 11, 2007 affecting their status and
the affairs of the church shall be null and void.
It is further
Ordered that in the event that the parties cannot resolve this matter
within a reasonable period of time, either party may request further
relief from this Court.
AND IT IS SO
ORDERED,
Casey L. Manning
Presiding Judge of
the Circuit Court
For the Eleventh
Judicial Circuit
Columbia, South
Carolina
December 20, 2007
The court case is Docket Number: 07-CP-19-0213 filed in the Court of
Common Pleas for the Eleventh Judicial Circuit.
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Copyright 2007
EdgefieldDaily.com All
original material is property of
EdgefieldDaily.com and cannot be reproduced, rewritten or redistributed
without the expressed written permission of Edgefield Daily.com
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