You are currently subscribed to the PCUSANEWS listserv of the Presbyterian Church (U.S.A.).
=========================================================== This story located at: http://www.pcusa.org/pcnews/2006/06419.htm
06419
August 18, 2006
California courts rule in PC(USA)'s favor in three church property cases
Battle not over; New Wineskins seeks 'moratorium'
by Jerry Van Marter
LOUISVILLE - With a still small but growing number of Presbyterian Church (U.S.A.) congregations seeking to leave the denomination and take their property with them, the Superior Court of California, County of Los Angeles, has recently issued a series of rulings upholding the PC(USA) constitutional provision that all property is held in trust for the denomination.
Three civil cases, all involving the Synod of Southern California and Hawaii, Hanmi Presbytery and the PC(USA), have been tried or settled, and a court decision in a fourth case is expected soon. One of the cases also involved the Presbytery of the Pacific, also in the synod.
The four lawsuits involve Korean Hope Christian Church, Serone Church, First Presbyterian Church of Torrance and Bethany United Presbyterian Church. Each church split into factions over issues surrounding pastoral leadership. All of the cases except Torrance - where preliminary rulings have supported the denomination but which has not been finally adjudicated - are now resolved.
The courts consistently held that dissident factions cannot seize church assets and harass the factions that remain loyal to the PC(USA). They have further ruled that dissident factions must follow the directions of the presbytery with regard to the control and ownership of church property.
The court decisions come at a time when property issues have moved to the forefront of the theological conflicts that assail the PC(USA). About a half-dozen churches have voted to leave the denomination in the wake of the recent 217th General Assembly's action to cede more discretion to ordaining bodies in determining any individual's fitness for ordained office.
In addition, two presbyteries - Mississippi and San Diego - have said they will reassess their relationship with the PC(USA).
Most, if not all the churches, that have voted to leave the PC(USA) are seeking to take their property with them, and they have found considerable support.
Stockton Presbytery submitted an overture to the General Assembly that would have removed the "property trust clause" from the Book of Order. It was overwhelmingly defeated.
The Layman (http://www.layman.org/) - the publication of the Presbyterian Lay Committee - has published numerous articles on church property issues, including a book under its Reformation Press imprint entitled A Guide to Church Property Law. Following the Assembly, the group's 30-member board of directors, accusing the denomination of "apostasy," urged sessions "to seek counsel and take all necessary steps to ensure that all gifts and the real property entrusted to them are used for ministry in Christ's name."
Workshops on church property law - many of them led by Lay Committee-related lawyers - have been the best-attended at gatherings sponsored by the Lay Committee, the Presbyterian Coalition (http://www.presbycoalition.org/) and New Wineskins (http://www.newwineconvo.com/).
New Wineskins is an association of 128 PC(USA) congregations that has adopted its own constitution, "essential tenets of the Reformed faith," "statement of ethical imperatives," and organizational structure that parallels the PC(USA) governing body system.
In a letter (http://www.pcusa.org/pcnews/2006/06415.htm) to General Assembly Stated Clerk Clifton Kirkpatrick and General Assembly Moderator Joan Gray on Aug. 5, New Wineskins co-moderator the Rev. Dean Weaver reiterated the group's "call upon the Moderator and Stated Clerk of the General Assembly and all general presbyters of synods and presbyteries, exercising the moral and constitutional authority of their offices, to adopt a moratorium on taking disciplinary action against ordained officers or governing bodies engaged in ... discernment discussions regarding the issues of theology and polity which confront our denomination, including discussions which may lead to consideration of a congregation requesting dismissal from its presbytery; and taking administrative or legal actions to encumber or to seize property, or to interfere with the exercise of authority by duly elected session members, or otherwise to restrain ordained officers or members of the congregation from engaging in such discussions or for advocating any position in the discernment process."
"The courts applied the rules from our Book of Order. The Presbyterian Church has clear processes based on its theology," noted the Rev. Mark Tammen, director of constitutional services in the Office of the General Assembly.
Kirkpatrick articulated that theology in a recent "advisory opinion":
"The church is not a voluntary association of those who share the same opinions and experiences, but is an organic body called into existence by God that celebrates and transmits through the ages the name and knowledge of Jesus Christ. The constitutional provisions under which congregations hold property for the benefit of the Presbyterian Church (U.S.A.) arise out of and reflect our theological conviction that this denomination constitutes one indivisible body, which itself is part of the body of Christ, and which encompasses not only the visible church today but our forbearers and heirs in the one holy, catholic and apostolic church.
Together we affirm that our God is in control of the world we occupy. We order our affairs out of an abiding conviction that persons do not join the Presbyterian church (U.S.A.) of their own volition, but are called to membership in this denomination by the sovereignty of God, and participate in its government through the work of the Holy Spirit. 'A Presbyterian polity recognizes the responsibility of all members for ministry and maintains the organic relation of all congregations in the church.' (Confession of 1967, 9.40)
"The Constitution entrusts presbyteries with
determining their 'strategy for mission' within their bounds - this is the yardstick for making such decisions," Tammen added. "Obviously secular judges would have difficulty in making such a theologically-based determination, and, in fact, are prohibited from doing so by well-established U.S. Supreme Court precedent."
According to Tammen, five provisions of the Book of Order were central to the California cases:
"The relationship to the PC(USA) of a particular church can be severed only by constitutional action of the presbytery." (G-8.0601)
"The presbytery has the responsibility and power to divide, dismiss, or dissolve churches in consultation with their members." (G-11.0103i)
"All property held by or for a particular church ... is held in trust ... for the use and benefit of the Presbyterian Church (U.S.A.)." (G-8.0201)
"Whenever property of ... a particular church of the PC(USA) ceases to be used by that church as a particular church of the PC(USA) in accordance with the PC(USA) constitution, such property shall be held, used, applied, transferred or sold as provided by the presbytery." (G-8.0301)
"If there is a schism within the membership of a particular church and the presbytery is unable to effect a reconciliation ... the presbytery shall determine if one of the factions is entitled to the property because it is identified by the presbytery as the true church within the Presbyterian Church (U.S.A.). This determination does not depend upon which faction received the majority vote within the particular church at the time of the schism." (G-8.0601) In each of the California cases, the court determined that the local congregations hold their property in trust for the denomination and that civil courts must defer to the decisions of the presbytery, whether by direct presbytery action or by an administrative commission acting for the presbytery.
"Because the synod had the responsibility for the administrative commission, it has assumed a tremendous financial and emotional burden," said Synod of Southern California and Hawaii Stated Clerk Margy Wentz. "The far greater strain, however, has been the pain of congregations in schism, which divides congregations, but also families," she added.
Wentz said the concerns of the broader church in the four cases has been pastoral as well as legal. "In each of the Hanmi churches, those congregants who have chosen to remain in the denomination have suffered from hostility of the dissident factions, outright rejection by former pastoral leadership, difficult choices as families, and loss of beloved places of worship as the legal challenges are slowly settled," she explained.
"The financial and emotional burden has been offset, however, by the opportunity to show in action, not just in words from the Book of Order," Wentz said, "that the Presbyterian Church is a connectional church where the presbytery, synod and General Assembly are connected to and support congregations that are suffering pain and loss."
A look at each case:
Korean Hope Christian Church Cerritos, CA The Korean Hope Christian Church case began as a dispute over choosing the pastoral staff for the church after two congregations merged. That dispute led the appointment of an administrative commission to resolve the issues. One faction unilaterally declared that the church had left the denomination, and excluded the congregants who sought to remain within the PC(USA). The dissident faction entered into a series of claimed transfers of the congregation's real estate to other related parties.
The synod and the presbytery initiated a lawsuit to enforce the directives of the administrative commission and to protect the congregants who sought to remain within the PC(USA).
At the trial, the synod and Hanmi Presbytery prevailed. The court found that the property of Korean Hope Christian Church must be held in trust for PC(USA):
"The court finds that, under all of the circumstances, the property of the local church [Korean Hope Christian Church] was held in trust for the use and benefit of PCUSA. The constitution of PCUSA and California Corporations Code #9142, clearly support the existence of the trust."
The court also found that the administrative commission had legal authority over Korean Hope Christian Church. Therefore, the court permanently enjoined the dissident faction from interfering with the administrative commission:
"This court finds that it must apply the rule of judicial deference as to the propriety of the "imposition of regional supervision" by the Hope Administrative Commission and to its findings and rulings. The court therefore grants [the Presbytery's] request for an order permanently enjoining Defendants from interfering with the actions of Hope Administrative Commission, acting as the session of Hope Church or attempting to use or encumber the property of Hope Church."
Serone Church Artesia, CA
In the Serone Church case, the recently called pastor was facing disciplinary charges within the ecclesiastical judicial system of PC(USA). Before the Permanent Judicial Commission could hear the case, the pastor's faction of Serone Church, claiming to act as its session, voted to s ever its ties with the PC(USA), the synod, and the presbytery. The pastor renounced the jurisdiction of the PC(USA) and thereby his ordination as a minister of Word and Sacrament in the denomination. The congregation split into factions, and there were reports of physical assaults. The presbytery created an administrative commission to oversee Serone Church and to attempt to reconcile the factions.
The dissident faction filed a lawsuit purportedly on behalf of Serone Church against the presbytery, claiming that the presbytery had no authority over the church. In a decision issued on July 20th, the court found that Serone Church had no authority to unilaterally sever its ties with PC(USA), the synod, or the presbytery:
"The Court finds that the resolutions seeking to disassociate Plaintiff [Serone Church] with PCUSA that were passed in the January 11 session meeting were ineffective in severing those ties between Plaintiff and PCUSA ... The Book of Order states that "the relationship to the Presbyterian Church (U.S.A.) of a particular church can be severed only by constitutional action the part of the presbytery." ... A unilateral amendment of a church's corporate by-laws seeking to sever relationship to the PCUSA is ineffective since, "under the Book of Order, the relationship of a particular church to PCUSA can be severed only by action on the part of Presbytery." The Court is bound to recognize and defer to PCUSA's governance of its internal affairs, and is also bound to recognize the Court of Appeal's ruling ... When a local church is in schism, and the relevant presbytery appoints an administrative commission which makes such a determination, a civil court must defer to the decision of the presbytery to appoint that commission and to the ecclesiastical determinations which that commission makes. Moreover, when the presbytery's commission makes a determination as to the division of the church's property concurrently with its determination as to which is the "true church," it is proper that the civil court defer to that decision as well. The court finds that the Serone Administrative Commission was appointed by the relevant presbytery (Hanmi) pursuant to a schism within the Serone Church, and that it must defer to the decision to appoint the commission, and to the decisions of that commission."
A few hours after the court issued that decision, the parties reached a confidential settlement.
Torrance First Presbyterian Church Torrance, CA
In the Torrance First Presbyterian Church case, the congregation called a pastor from Olympia (WA) Presbytery. That pastor, however, was facing accusations within Olympia Presbytery, and the PC(USA) Constitution prohibited the presbytery from issuing a certificate for his transfer until the charges were resolved.
A dispute arose within the Torrance Church congregation as to how best to respond to the pastor's failure to obtain a proper transfer from Olympia Presbytery.
Ten members of the session for Torrance Church wrote, requesting and thereafter obtaining the appointment of an administrative commission over Torrance Church. The administrative commission, which was granted broad authority, unsuccessfully attempted to reconcile the factions of the church. The pastor quit the denomination.
Thereafter, one faction filed a lawsuit purportedly on behalf of the particular church against the synod and the presbytery, seeking a declaration that the congregation had severed its ties with PC(USA), the synod, and the presbytery.
On June 6, 2005, the Los Angeles County Superior Court issued an injunction against the dissident faction. As it ruled:
"The court agrees with the national church [PCUSA] that the local congregation holds its church property, real and personal, in trust for the national church, and that it cannot revoke such trust without the consent of the national church, pursuant to section 9142 (c) and (d) of the Corporations Code."
On this basis, the court restrained the dissident faction from:
using money in any bank account for any purpose other than to pay standard operational expenses;
encumbering or selling any of the property of Torrance First Presbyterian Church;
denying access to worship services by members of the administrative commission, Hanmi Presbytery, and members of the true church as defined by the presbytery (cf. Book of Order G-8.0601);
preventing access to the property of Torrance First Presbyterian Church by members of the administrative commission; and
preventing access to pulpit supply by a person authorized by the Synod, Hanmi Presbytery, or PC(USA).
In a follow up ruling, the court stated that the dissident faction had failed to show "reasonable probability" that it would prevail on the merits of the case. The case should be set for trial within the next few weeks.
Bethany United Presbyterian Church Los Angeles, CA
The Bethany Church case was procedurally similar to the other cases: a faction of a PC(USA) congregation within the Presbytery of the Pacific, another presbytery within the synod, unilaterally sought to change the name of the particular church, deeded its real property to a new entity, and declared the church was independent of PC(USA). The presbytery authorized the formation of an administrative commission. In response, the dissident faction filed suit.
The court entered summary judgment in favor of the presbytery, and against the dissident faction, writing:
"... [T]he First and Fourteenth Amendments to the United States Constitution and established precedent acknowledging their applications to this ecclesiastical issue requires this Court to give effect to the Presbytery of the Pacific's determination as the authorized judicatory body within the hierarchical Church organization. Indeed, California courts have examined this same issue in the context of the hierarchical structure of the Presbyterian Church (USA) and the authority of the Presbytery of the Pacific over its constituent churches. In so doing, our Court of Appeal has expressly identified the Presbytery of the Pacific as the authoritative ecclesiastical body charged with identifying the "true church" in property disputes involving one of its local churches ... the Presbytery of the Pacific - as both the ecclesiastical and judicially recognized authority for the determination of "true church" status within its geographic region - has determined that Plaintiffs are not the "true church." Plaintiffs are therefore not entitled to possess, convey or in any manner use or dispose of the Bethany United Property and that decision is binding upon them."
=========================================================== You are currently subscribed to the PCUSANEWS listserv of the Presbyterian Church (U.S.A.).
To unsubscribe, send a blank message to
mailto:PCUSANEWS-unsubscribe-request@halak.pcusa.org.
To update your email address, send your old email address and your new one to mailto:PCUSANEWS-owner@halak.pcusa.org.
For questions or comments, send an email to mailto:PCUSANEWS-owner@halak.pcusa.org.
To learn more, visit http://www.pcusa.org/pcnews/
Presbyterian Church (U.S.A.) 100 Witherspoon Street Louisville, KY 40202 (888) 728-7228