Details of church’s property ownership case against presbytery
By Patrick Jean, The Layman Online, December 10, 2007
Timberridge Presbyterian Church filed suit against the Presbytery of Greater Atlanta Sept. 6 in Henry Superior Court. The litigation sought:
1. A judgment declaring that:
- A. “All property held by or for Timberridge, and any improvements thereon … is held without any trust in favor (of) a national denomination or any of its regional administrative units.”
- B. “All property held by or titled in the name of the local church corporation is held by it in full and exclusive ownership.”
- C. “The PGA (Presbytery of Greater Atlanta) and anyone acting by, through or under the PGA, has no right, title or interest in said property, nor right to determine the ownership thereof.”
2. An injunction preventing the presbytery “and any of its agents, employees, or other persons or entities acting on its behalf or in its stead” from:
- A. “Filing any documents in the mortgage and conveyance records of Henry County … the effect of which would be to place a cloud on the title of any property titled in the name of plaintiff, or otherwise taking any action to claim ownership of local church property … or a right to determine ownership of local church property.”
- B. “Asserting any rights to the property of Timberridge Presbyterian Church or Timberridge Presbyterian Church Inc., including but not limited to seeking to change the locks of Timberridge, initiating any disciplinary action against the ministers or members of Timberridge, appointing an administrative commission, or otherwise interfering in any way with the rights and responsibilities of the ministers or other employees of Timberridge, the governing body of Timberridge (the session), its congregation, or the governing body of its local church corporation Timberridge (the board of trustees).
- C. “Proceeding in any way in violation of Georgia law and plaintiff’s property rights.”
In the background report to its recommendation for an administrative commission, the presbytery’s committee on ministry stated that the presbytery was notified Sept. 7 of the lawsuit and that Timberridge Church “made no attempt to discuss their concerns with the presbytery” before going to court.
The Rev. Matt Allison, pastor of Timberridge Church, wrote Nov. 27 to the Rev. Ed Albright, executive presbyter of Greater Atlanta Presbytery. Allison told Albright that his church went to court because the presbytery refused to repudiate “The Louisville Papers,” documents prepared by PCUSA lawyers that urge presbyteries to use aggressive measures when trying to claim local church property.
“In such a hostile environment,” Allison wrote, “the leadership of Timberridge Presbyterian Church reasonably concluded that a cloud had been potentially placed on its property that would either impede its future ability to successfully obtain bank financing secured by the collateral of local church property, or impede its future ability to successfully undertake a capital campaign for local church improvements.”
On Sept. 17, Timberridge Church filed a motion for a temporary restraining order that sought the same relief as the injunction request filed Sept. 6.
Presbytery files response
On Sept. 19, Greater Atlanta Presbytery filed an answer and counterclaim to the church’s lawsuit, as well as a motion to dismiss the lawsuit and a brief in support of that motion. The presbytery sought:
- 1. A temporary restraining order and injunction preventing the church from violating the denomination’s property trust clause “and from selling, transferring, encumbering or otherwise disposing of plaintiff’s property in order to maintain the status quo pending the resolution of this case.”
- 2. Dismissal of the church’s lawsuit, or a judgment for the presbytery and against the church on all counts asserted in the church’s lawsuit.
- 3. A judgment for the presbytery on all counts asserted in its counterclaim.
- 4. An award of “all costs and expenses of litigation, including but not limited to attorneys’ fees.”
On Sept. 27, the presbytery filed a response and supplemental response in opposition to the church’s motion for a temporary restraining order.
The response argued that the church never exercised its opt-out power in the eight-year window of opportunity following the 1983 merger that created the PCUSA; that the church does not face “any specific immediate, irreparable harm” from the presbytery; and that an injunction would prevent the presbytery “from adhering to the processes and mandates of its (denomination’s) Constitution” in violation of the U.S. Constitution.
The supplemental response argued that the case should be heard in Fulton County Superior Court since the presbytery is based in that county; that the court lacks subject matter jurisdiction to grant a temporary restraining order; and that an order is not necessary because the plaintiff cannot prove that “there exists a current immediate and irreparable threatened injury.”
Church back in court; TRO granted
Timberridge Church filed an amended complaint Oct. 3 that sought the same judgment and temporary restraining order requested earlier, as well as:
- 1. An order granting “quiet title” to the church property for the plaintiff.
- 2. A “quieting” of all adverse claims, including the presbytery’s claim to the property under the PCUSA property trust clause.
- 3. A judgment that the church’s deeds to its property “are valid and enforceable as against all adverse claims.”
- 4. A judgment that the church “holds all present and future interests in said property, free and clear of any encumbrances, clouds or claims of interest of any kind, asserted by defendant or any other person or entity.”
On Oct. 18, a Henry County Superior Court judge granted the church’s request for a temporary restraining order, made it retroactive to Oct. 3 and denied the presbytery’s similar request. However, the judge struck the language that would have prevented the presbytery from “initiating any disciplinary action against the ministers or members of Timberridge, appointing an administrative commission, or otherwise interfering in any way with the rights and responsibilities of the ministers or other employees of Timberridge, the governing body of Timberridge (the session), its congregation, or the governing body of its local church corporation Timberridge (the board of trustees).”
On Oct. 22, the church filed a brief in opposition to the presbytery’s motion to dismiss the church’s lawsuit. That is the latest filing by either side in the litigation.
The lawsuit is currently in the discovery process, in which each side is requesting documents and other evidence from the opposing side and other related parties, Albright said. The litigation does not have a future hearing date because all Superior Court judges in Henry County have recused themselves from the case and a judge will be appointed, he said.
Patrick Jean is a staff writer for The Layman and The Layman Online. He can be reached at pjean@layman.org.