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[PCUSANEWS] Judge tosses property claim by California dissidents


From News Service <newsservice@CTR.PCUSA.ORG>
Date Wed, 29 Nov 2006 06:56:44 -0500

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06630 November 28, 2006

Judge tosses property claim by California dissidents

'Summary judgment' restores Torrance church to PC(USA)

by Jerry Van Marter

LOUISVILLE - A California court has issued a "summary judgment" rejecting a claim to the property of Torrance First Presbyterian Church by a breakaway faction of the Korean congregation.

The judge's decision - which will not be published in full until later in December - seemingly concludes a lengthy dispute that resulted in ugly confrontations during worship services and the repeated changing of locks on church buildings as the dissident faction sought to prevent the loyalist Presbyterian Church (U.S.A.) faction from using the facility.

"I am so thrilled to receive the good news regarding Torrance First Presbyterian Church," said the Rev. Syngman Rhee, a former General Assembly moderator who first sought reconciliation between the factions and then led the loyalists in "staying away" in order to prevent further physical confrontations as the property dispute raged.

The trouble at the Torrance church began in 2004 when the congregation attempted to call a new pastor from Olympia Presbytery. The pastor, however, was facing accusations in Olympia Presbytery, legally preventing the presbyteries in California (Hanmi and Pacific) from approving the call.

An ensuing dispute over the call led to the appointment of an administrative commission by the presbyteries and the Synod of Southern California and Hawaii, which unsuccessfully tried to reconcile the factions.

The dissident faction proceeded to call the pastor - who during the dispute had renounced the jurisdiction of the PC(USA) - seized the Torrance building and filed suit against the presbyteries and synod to acquire ownership of the property.

In June of 2005, the Los Angeles County Superior Court issued a preliminary injunction against the dissident faction, ruling that church property is held in trust by congregations for the denomination.

Since that ruling the two factions have been uneasily co-existing at the Torrance church, with the dissidents using the sanctuary and the loyalists the fellowship hall.

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