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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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