Key points of Memorial Park Church’s property ownership lawsuit against Pittsburgh Presbytery
January 11, 2008
The property ownership lawsuit filed by Memorial Park Presbyterian Church in Allison Park, Pa., against Pittsburgh Presbytery makes the following key arguments:
- 1. “Memorial Park Church acquired all of the real property identified” in the litigation “with its own funds, which were donated or raised by the members of the Memorial Park Church, or through the use of loans/mortgages in its own name.”
- 2. “Memorial Park Church holds clear title to all the Memorial Park property without any liens or encumbrances” except for the mortgage on one parcel. That mortgage was paid in full as of May 1996, but the church says it never received “satisfaction documents ready for recording” from the Presbyterian Church (USA).
- 3. “The members of Memorial Park Church built the main church building, which includes a sanctuary, educational wings, fellowship hall and offices, as well as the Clayton Community Youth Center on the Memorial Park property, also with its own funds which were raised by the members of the Memorial Park Church.”
- 4. “Memorial Park Church has at all times, and with its own funds, paid for the maintenance and upkeep of the buildings and grounds on the Memorial Park property.”
- 5. “Memorial Park Church has been self-sustaining financially from any national denomination with which it has been affiliated throughout its history.”
- 6. “Pittsburgh Presbytery has expressed the intention to assert denominational ownership of the Memorial Park property based upon language contained within one of the governing documents of the PCUSA, the Book of Order.”
- 7. “Memorial Park Church believes and therefore avers that the Memorial Park Church is the owner of the Memorial Park property and that the Pittsburgh Presbytery has no interest in that property.”
- 8. “Memorial Park Church has sought the assurance of the Pittsburgh Presbytery that it will not advance any claim against the real property owned by the Memorial Park Church or that it release any and all claims it may allege against the Memorial Park property; however, the Pittsburgh Presbytery has refused to give such assurance on acceptable terms.”