Court can’t decide disaffiliation on presbytery’s behalf, attorney argues
By Patrick Jean, April 5, 2007
The court system has no jurisdiction over an Iowa church’s decision to leave the Presbyterian Church (USA), the attorney for the church, pastor and clerk of session argues in response to a lawsuit filed against them by Prospect Hill Presbytery and a presbytery official.
Riverside Presbyterian Church in Linn Grove is seeking a declaratory judgment against the presbytery and the Rev. Duane Queen, chairman of the presbytery’s administrative commission, in its answer and counterclaims. They were filed March 30 in Buena Vista County District Court by Micah J. Schreurs, an attorney in Sheldon.
The declaratory judgment asks the court to declare that the plaintiffs and denomination “have no legal, equitable or other interest in any real or personal property either titled in or currently in the possession” of the church.
The counterclaims also seek:
- A permanent injunction preventing the plaintiffs and the PCUSA “from taking any actions to interfere with Riverside Presbyterian Church’s use and enjoyment of its real and personal property and its orderly and lawful business.”
- For the court to “confirm Riverside Presbyterian Church’s title and estate in the church building and the manse as an absolute title and fee simple in said corporation,” as well as “forever bar and estop plaintiffs and the Presbyterian Church (USA) from having or claiming any right, title or interest thereto.”
Riverside; its pastor, the Rev. Russell Westbrook; and its clerk of session, Dennis Somers, were sued Feb. 16 by the presbytery. That lawsuit seeks a court order that the church property “is held in trust for the use and benefit of the Presbyterian Church (USA)” and an injunction to keep the defendants from:
- 1. Preventing access to pulpit supply by an authorized representative of the presbytery, its administrative commission or the PCUSA.
- 2. Preventing access to church property and records by the presbytery, administrative commission or PCUSA.
- 3. “Encumbering, selling or transferring” the church property.
- 4. “Using money in any bank account for any purpose other than to pay standard operational expenses for maintaining the church property and ordering an accounting of all funds collected and expended after August 19, 2006, the date that the session of the Riverside Presbyterian Church in Linn Grove notified the Prospect Hill Presbytery that it would ‘no longer acknowledge the authority of the presbytery of Prospect Hill over Riverside Presbyterian Church.'”
The lawsuit also requests a court order that all property and records removed from the church be returned to the presbytery and “that possession of said property and records be delivered” to the presbytery. Damages also are sought for the “wrongful detention” of the property and records.
The presbytery is represented by David W. Patton, an attorney in Storm Lake. Neither he; Queen, the administrative commission chairman and pastor of Lakeside Presbyterian Church in Storm Lake; nor interim Executive Presbyter William A. Byrd responded to requests by The Layman Online for comment.
No judge or hearing date has been assigned to the case.
Negative and affirmative
The answer portion of the answer and counterclaims denies specific allegations raised by the presbytery in its petition. Among the allegations denied are:
- That local churches are “subordinate to the larger church.”
- That Riverside continues to be affiliated with the PCUSA through Prospect Hill.
- The nature and extent of presbyteries’ responsibilities pursuant to the Book of Order. The presbytery’s petition misstates them, the church’s answer states.
- That property trust clauses in the Book of Order are legally enforceable against the defendants.
- That only the presbytery can sever the relationship between a local church and the PCUSA.
- That the church has been converted “to a use inconsistent with the terms of the trust.”
The answer does not state why the allegations were denied. Schreurs declined to be more specific.
The answer includes an “affirmative defense” section which argues that the plaintiffs’ interpretation and application of the Book of Order conflict with key provisions of the PCUSA Constitution and certain principles of the Holy Bible. The Bible, the section states, is “the ultimate authority to which the Book of Order and the Book of Confessions must be subordinate.”
The affirmative defense also argues that:
- 1. The court lacks subject matter jurisdiction “over the interpretation and application of the Book of Order, the Book of Confessions and the Holy Bible or over other ecclesiastical matters.”
- 2. The court doesn’t have jurisdiction over Riverside’s and its members’ choice to leave the PCUSA to associate with another denomination. It argues the court “can only (with respect to plaintiffs and defendants) determine secular matters such as who owns the church building and the manse.”
The answer requests that the court dismiss the plaintiffs’ petition. It also seeks “tax costs against plaintiffs” and “such other and further relief as the court deems just and equitable under the circumstances.”
Months of conflict
The conflict began July 30, 2006, when the Riverside congregation voted 74-0 to leave the PCUSA and seek “union with a confessionally Reformed, evangelical denomination which holds to the doctrine of Biblical inerrancy.” The church sent letters to Prospect Hill Presbytery and the PCUSA informing them of the vote, requesting to be released with its property and saying “the recent actions of the General Assembly taken at Birmingham” were the last straw.
Specifically, Westbrook cited the 217th General Assembly’s approval of the Theological Task Force on Peace, Unity and Purity report to keep the current ordination standards in the denomination’s constitution, but allow those who choose not to obey them to declare them to be non-essential.
The presbytery called a special meeting for Aug. 14 to take steps to prevent Riverside from leaving with its property. At that meeting, the presbytery voted to order that Westbrook go on immediate administrative leave and that an administrative commission assume control of the congregation.
The commission also was given responsibilities that included:
- 1. Dissolving the pastoral relationship between Westbrook and the church.
- 2. Reviewing the church rolls to determine if there are members who wish to remain with the PCUSA.
- 3. Meeting with the church session.
Three days later, the presbytery sent a letter to Westbrook notifying him that he was placed on administrative leave effective Aug. 21 and was not to contact any church member “verbally, in writing, e-mail, or other electronic devices or by going to the church.”
On the same day Westbrook’s administrative leave was to begin, he and the church’s elders sent a letter to the presbytery saying that because of the presbytery’s actions at its Aug. 14 meeting, the session no longer recognized the presbytery’s authority over Riverside.
Riverside hosted a town hall meeting with the smaller, more conservative Presbyterian Church in America on Aug. 27. After the forum, Westbrook said, the congregation voted 83-0 to join the denomination’s Iowa Presbytery.
Westbrook was ordained as a PCA minister Aug. 24. But that was followed by a letter from Prospect Hill Presbytery’s administrative commission, dated Sept. 8, stating his relationship with Riverside was dissolved because he hadn’t abided by the terms of administrative leave from the PCUSA. The letter gave him 30 days to leave the church manse or start paying rent.
Two more events followed in November:
- The PCA’s Iowa Presbytery installed the Riverside session Nov. 5.
- Prospect Hill Presbytery’s administrative commission sent a letter to the Riverside session, dated Nov. 29, stating the panel will “assume original jurisdiction and the responsibilities and powers” of Riverside.
Riverside filed restated articles of incorporation with the Iowa Secretary of State’s Office on Dec. 13. The filing, Westbrook said, reflects the church’s affiliation with the PCA.
Despite the fact that no one voted to retain the church’s affiliation with the PCUSA, the presbytery insists “there may be persons who prefer to remain part of the denomination.” Prospect Hill still recognizes Riverside as a member of the presbytery and denomination.
Patrick Jean is a staff writer for The Layman and The Layman Online. He can be reached at pjean@layman.org.