It appears the people of Buxton found the perfect stone for their sling to take down Goliath in the form a lawyer who believes they are legally entitled to keep their church and cemetery.
The congregation at the North Buxton Community Church were prepared to move out on Saturday as they were fighting what they called a “David and Goliath battle” against the British Methodist Episcopal Church (BMEC) of Canada, who claimed legal ownership of the land.
The congregation agreed to leave because they didn't think they could wage a court battle, that was until Steven Pickard decided to take the case and help them out free of charge.
"They had resigned to the fact they had to leave because they thought they had no other options, which is partly why I got involved," Pickard said. "There's nothing legally there that forces them to leave on that date. They were just doing it because it was an inevitability that they were accepting. After some discussions, they feel like they have a lot more options and one of them is to stay there for now."
According to Pickard, there was an intention to transfer the land over to the BMEC in 1913, but that never actually happened. The lawyer said it wasn't until last November the BMEC got an order to change the title into its name.
"We are still trying to figure how they got the order," Pickard said. "For the last 150 years, the land has always been in the name of the people of Buxton. The BMEC changed the title, without telling anybody, and then brought the application to evict them."
Pickard said there are a few unique angles in the situation which don't add up to clear ownership for the BMEC.
"They may not actually own the land at all," Pickard said.
He added there is at least an interest in the land owned by the people of Buxton, even if only for the last 15 years while they've been maintaining it despite the BMEC's claim to owning it.
Pickard said in his view the people of Buxton own the land and a court will rule they do as well.
The lawyer added legal proceedings can be quite stressful and understands why the congregation was prepared to give up.
"Sometimes when you have rights people just forget about it and resign themselves to think the battle isn't worth it," Pickard said. "In this particular case, I wanted to let them know the battle is worth it and that we can do this. I think it gave them some new hope."
Pickard decided to take the case because he has ties to the community. He said he has friends in Buxton and his father was involved in getting them national historic status. Pickard added he has participated in their homecomings in the fall and appreciates the hospitality he has received from residents.
"In Buxton, they really have a sense of community among them all and to take away their focal point of worship and their community hall would be a devastating blow to the community and I thought if I can do something about it I will."
Pickard said he doesn't see any obstacles in the case and any judge or jury should side with the Buxton community when presented with the facts in court.
