Mississippi property case may be resolved at the presbytery level
By Patrick Jean, January 11, 2007
A property case pitting J.J. White Memorial Presbyterian Church against the Presbytery of Mississippi could be resolved in church next month, rather than in court in April.
Stewart Robison, an attorney for J.J. White and an elder of the church, has asked to be placed on the agenda at the presbytery’s stated meeting Feb. 24 at Handsboro Presbyterian Church in Gulfport.
“The bottom line is we will, in effect, ask the presbytery for us to have final declaratory judgment clearing the title to J.J. White’s property,” Robison said.
A Presbytery Council meeting Jan. 18 will determine whether the presbytery votes on the issue. The council could do one of four things, said the Rev. John C. Dudley, stated clerk of Mississippi Presbytery:
- Place Robison on the agenda with a recommendation for approval.
- Place Robison on the agenda with a recommendation for denial.
- Place Robison on the agenda with no recommendation.
- Take no action.
If the presbytery approves, that would help end a legal case that began Dec. 7 when the 300-member church initiated civil-court action seeking clear title to its property without interference by the presbytery or the Presbyterian Church (USA). On Dec. 15, Pike County Chancery Court Chancellor Deborah K. Halford signed a stipulated preliminary injunction that prevented the presbytery from staking a claim on J.J. White’s property.
Robison hopes to avoid an April hearing that could result in a final declaratory judgment for J.J. White, but could also be contentious. “We feel like we can handle our business at this stated meeting appropriately,” he said.
A letter was sent Jan. 4 to Dudley that details what the church is seeking at the stated meeting, Robison said.
J.J. White will ask the presbytery to withdraw its contested pleadings, Robison said. He detailed what could happen next:
- If the presbytery agrees, Dudley or the executive presbyter would instruct the presbytery’s attorney to withdraw the contested pleadings Feb. 26. A final declaratory judgment would be proposed a day later.
- If the presbytery disagrees, each side will be in court April 4.
The J.J. White case is the first civil-court test of a new Mississippi Presbytery policy, adopted Nov. 30, not to “resist any particular church of the Presbytery of Mississippi which would ask the courts of the State of Mississippi to clear its property of any claims made by higher governing bodies against that property.”
Robison expects an amicable resolution. “We’re very optimistic,” he said.
Dudley agreed. “They would like to wrap the whole thing up without going to court, and that’s commendable,” he said.
Patrick Jean is a staff writer for The Layman Online. He can be reached at pjean@www.layman.org.