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Sacramento-area church wins summary judgment in property ownership lawsuit against presbytery
Layman Online ^ | April 21, 2008 | Patrick Jean

Posted on 04/23/2008 3:58:53 PM PDT by PAR35

A judge ruled April 8 in favor of the motion for a summary judgment filed six months earlier by First Presbyterian Church in Roseville, Calif., which had been seeking quiet title to its property, as well as declaratory and injunctive relief, since March 2007. She also ruled against a competing motion for a summary judgment filed by the presbytery.

***

"If you saw from the decision of the court, under California law, trusts are presumptively revocable unless the trust instrument makes them expressly irrevocable," he said. "And in the plain language, as we argued to the court, the plain language of the trust provision in the Book of Order does not use the term 'irrevocable' or speak in any way about irrevocability of the purported trust interest. And Roseville (stated) in several expressions, both in amended articles of incorporation, amended by-laws and in an express corporate resolution, that its session adopted clearly and unequivocally revoked any alleged trust interest in its property. And the court found that that was definitive, that that expression of revocation under California law meant that the presbytery and the denomination as a whole had no trust interest that it could enforce against Roseville's property."

(Excerpt) Read more at layman.org ...


TOPICS: Current Events; Mainline Protestant
KEYWORDS: churchproperty; pcusa; presbyterian
Now the church has to litigate against the Synod.
1 posted on 04/23/2008 3:58:53 PM PDT by PAR35
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To: PAR35

It is difficult to understand who prevailed and for what reason. What a convoluted report.


2 posted on 04/23/2008 5:23:21 PM PDT by WayneLusvardi (It's more complex than it might seem)
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To: WayneLusvardi

The local church withdrew from the liberal PCUSA. Litigation ensued as to who owns the buildings. The church apparently prevailed against the presbytery, but now must litigate against the synod, the next higher body. After that, the national denomination may jump in.


3 posted on 04/23/2008 6:09:55 PM PDT by PAR35
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To: PAR35; All

It appears that the court, in declaring there is no irrevocable trust, has in a statement of fact, blocked all property ownership claims by the presbytery, synod and denomination. However, the synod and denomination could still jump in...primarily for deep pockets vindictive reasons—just to drive the church broke. If a trust was revocable, it would be revocable all the way up the authority chain, but of course, legally to show that could take years. Help from the higher authorities in an APPEAL however is a different thing...so yes, on both counts, the congregation isn’t out of the woods yet for sure.

What is left for the congregation though is that two of her pastors have remained with the PCUSA, just not working any longer under the jurisdiction of the presbytery/synod/denomination. This is a problem as in Presbyterian polity, pastors are under the disciplinary authority of the presbytery, not (directly) the congregation. (Why they would stay with the PCUSA while thinking they can still work for a church which left is beyond me....)

Not really commenting on this specific case, but on these many (many) property squabbles all over the nation, I really wonder, even though it’s surely an injustice to the congregation, that unless a congregation has a multi-million dollar facility, or it is historic, if it’s not just better for all if they just pack up and leave. Let the mainline churches deal with under-utilized, or fully un-utilized real estate, and the congregation can raise funds to build new church buildings, not pay lawyers.

An Episcopal church here in Charlotte did just that, and the local TEC bishop is having fits finding a new priest for the tiny (and still conservative) congregation left at the buildings.... I cannot see how they will keep their multi-million dollar facility afloat in the future. And now, though inconvenienced, there is another new, healthy evangelical Anglican congregation going full bore into God’s future.

If all the evangelical churches wanting to leave mainline denominations just left, leaving their properties behind...the denominations would be economically crushed by responsibility for all the real estate. Church buildings are usually not an easy sell after all, and with all the mainline denominations in steep decline anyway—such a tactic could finish the power of the liberal pariahs in charge of them.

I can envision a time when the decrepit skeletons of the mainline apostate denominations will willingly sell at fire-sale prices church buildings back to healthy departed congregations....JUST so they can keep their pension funds intact. Maybe no time soon, but someday.


4 posted on 04/24/2008 3:37:18 AM PDT by AnalogReigns
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To: AnalogReigns; PAR35

***However, the synod and denomination could still jump in...primarily for deep pockets vindictive reasons***

True, but any medium sized chruch will have a couple of attorneys in the membership who will work cheap. (free)

My in-law’s chruch left the ECUSA and are doing a bang up job in keeping the title.

This is great news.


5 posted on 04/24/2008 7:31:05 AM PDT by Gamecock ("I find your lack of faith-disturbing" Darth Vader)
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