Bonhomme Presbyterian Church of Chesterfield, Missouri.
Posted on 02/04/2015 9:27:39 AM PST by SeekAndFind
So they sank $12 million into the property five years ago and it's only worth $6 million now? Maybe they should give it back. Sounds like they're taking a bath on it.
its happend before...
http://www.pressdemocrat.com/news/2257486-181/rift-over-gay-blessings-other
by the way St Johns...has since purchased new property and is no longer “homeless”
Which is why, in the Presbyterian Church in America, local churches own the building.
Also, Orthodox Presbyterian Churches meet in more modest buildings. When they split with the Northern predecessor of the PC(USA) they had to turn over the keys and had to start over. Bless them, they left anyway.
Unless PCUSA agreed to the status change in March of 2014 (well within the 2 year discernment period) it’s pretty doubtful the Parish will prevail. The courts are generally loathe to get involved with disputes like this and will generally side with whatever is in print that both sides have agreed to. A unilateral move on the part of the parish late in the dispute is probably not going to be supported by the courts but I wish them well.
I wonder where the $12 million came from - local, or national, or both? If local only, and if the parish has - say - 500 families, that would be 24 grand per family, quite an outlay.
There are a lot more PCUSA Churches in this battle. PCUSA has become the Palestinian CUSA and now endorses gays marriage and abortion.
Is the Book of Order technically a legal document/contract, or just a statement of church policy? I wonder who holds the lease to the property.
These cases are all over the map. Often, the buildings are owned by a trust, with the denomination as the trustee. The question will often turn on whether or not the trust is revocable. Most of the trust clauses were silent as to this matter, so it depends on the “default setting” under state law.
I wouldn’t sue for the property, I would sue for the improvements.
The Book of Order will be considered binding as far as it goes, but there could be a factual question of whether or not the property was ever actually transferred. For instance, my local United Methodist Church is subject to an almost identical trust clause in the UMC Book of Discipline. I was asked to research the matter, and no deed was ever recorded reflecting a change in ownership. That is not definitive as to ownership, but it is relevant. Is the trust clause enough to reflect an exchange? Good question.
Looks like a great spot for a gay strip club, which is probably what the mainline folks want to do with it.
Bonhomme Presbyterian Church of Chesterfield
The Bonhomme Presbyterians should talk to the Episcopalians having similar fights. Same sorts of legal issues. Possible contacts with lawyers familiar with these issues. The Virtue Online website would be a starting point.
I haven’t seen it and am probably not competent to judge but courts generally like to rely on documentary evidence. In this case it seems both sided abided by the agreement for decades until one side, unilaterally wrote a change. There is nothing in the article that addresses whether the parish sought agreement with PCUSA or just attached a memorandum to the agreement.
Six or seven Episcopal parishes here in Connecticut lost their church buildings in a similar dispute with the Diocese. It didn’t take the courts long to wash their hands of the issue. It’s ultimately probably a good thing courts don’t want to get involved in ecclesiastical disputes.
I hope Bonhomme wins. The changes in PC(USA) doctrine are a substantial change in business condition somewhat akin to McDonalds requiring all their franchisees to become Thai Noodle restaurants.
This is also Missouri, not the Northeast, and it could go to Bonhomme.
“So they sank $12 million into the property five years ago and it’s only worth $6 million now? Maybe they should give it back. Sounds like they’re taking a bath on it. “
You so have a point there. For less they could build their own church and it be much prettier than that one.
pandering to the filthy 1% is NEVER a good idea
Many have tried and failed fighting against the PCUSA. I’d give them the church and the mortgage and save the lawyer’s fees.
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