By Steve Salyards, The GA Junkie.
As I have often commented in this space, I really don’t want to go chasing church property cases in the civil courts as they can vary so widely by jurisdiction. I am going to take this opportunity to update one situation I have previously covered in detail and use it as an opportunity to consolidate reporting on a couple more and in the process demonstrate the variety that there is, the moving target that it can be and the legal technicalities involved.
Let me begin with the legal landscape in Texas which I have written on to some extent before. In particular, I covered a ruling by the Texas Supreme Court back in August 2013 that set forth neutral principles as the standard of decision for the state. However, that decision, at least in my reading, left a little opening for a hierarchical church to make a claim under the trust clause.
Well, two decisions in the last couple of weeks don’t see it that way and the local judicatories won summary judgements over higher governing bodies in the trial courts on pure property ownership and Texas trust law arguments.