Timberridge church will appeal property dispute to U.S. Supreme Court
The Layman, December 2, 2011
A Georgia Presbyterian church announced plans Thursday to appeal a property dispute with the Presbyterian Church (USA) to the U.S. Supreme Court.
Attorneys representing Timberridge Presbyterian Church of McDonough, Ga. filed a motion on Dec. 1 to stay a recent decision by the Georgia Supreme Court that could effectively eject the church from its property.
Last week, the state Supreme Court reversed an appellate court ruling that declared the PCUSA’s property trust clause null and void with respect to property owned by the Timberridge.
In a notice of intent filed Thursday, Timberridge attorneys stated the church plans to appeal the state ruling to the U.S. Supreme Court and have asked the Georgia Supreme Court to defer its decision until the U.S. Supreme Court decides whether or not to consider the appeal
In a 4-3 opinion, the Georgia Supreme Court overturned a previous ruling by the Georgia Court of Appeals that favored Timberridge based on neutral principles of law. The appellate court found no evidence that Timberridge had agreed to place its property in trust for the PCUSA.
“In the absence of some showing of intention and assent on the part of Timberridge, neutral principles of law cannot support the unilateral imposition of a trust provision drafted by the purported beneficiary of the trust and the resulting deprivation of the opposing party’s property rights,” the appellate court stated.
According to Timberridge’s most recent motion, the church intends to raise the following issues before the U.S. Supreme Court:
- “Whether [the Georgia Supreme Court] incorrectly applied the holding and guidelines of the [U.S.] Court in Jones v. Wolf … in its analysis of neutral principles, thereby violating the First Amendment to the [U.S.] Constitution.” Jones v. Wolf is a past decision in which the U.S. Supreme Court established a neutral-principles-of-law requirement. That requirement specifies that both parties must have the intent to create a property trust.
- “Whether [the Georgia Supreme Court] violated the First Amendment … by impermissibly deciding ecclesiastical matters rather than applying neutral principles.
- “Whether the [U.S.] Supreme Court should resolve the conflicting opinions of numerous high courts across the nation as to application of neutral principles authorized by the decision in Jones.”
Timberridge also claims that the Georgia Supreme Court would squander judicial resources by not staying its decision until the U.S. Supreme Court decides whether or not to hear the case.
“It is a virtual certainty that, regardless of the ruling by the Court of Appeals on the remaining issues, further review to this court will be sought. This scenario will result in an inefficient use of scarce judicial resources, and, by itself, warrants a stay,” Timberridge’s brief states.
Allowing the state Supreme Court’s ruling to be immediately enforced would also cause irreparable harm, Timberridge attorneys say, including the prospect of Christmas without a church home.
“Absent a stay, [Timberridge] will be deprived of its place of worship not only during the holy season of Advent and Christmas but also during a time period when it will be pursuing a petition for writ of certiorari [a request for the court to consider the appeal] to the [U.S.] Supreme Court, challenging the very constitutionality of such injunctive relief,” the brief states.
According to Timberridge’s website, the church has scheduled a Christmas cantata on Dec. 18 and a Christmas communion service on Dec. 24.
Timberridge also points out that by staying its ruling, the Georgia Supreme Court will “serve the public interest by ensuring that irreparable harm and adverse consequences do not befall [Timberridge] or the numerous other churches similarly situated and evidenced by [friend-of-the-court briefs] appearing in this appeal.”
“Thousands of church-goers throughout the state will be impacted by this court’s ruling,” the brief adds.
A successful appeal by Timberridge could allow the U.S. Supreme Court to authoritatively decide upon what basis church property disputes are to be resolved in the future.
Hundreds of such disputes over the past few decades – among both PCUSA and other denominational churches – have been decided in several states based on a myriad of often conflicting legal standards.
In addition to a request for a stay, Timberridge also filed a motion asking the Georgia Supreme Court to reconsider last week’s opinion. The request states that the court “not only incorrectly applied the ‘neutral principles of law’ doctrine set forth in Jones v. Wolf … but also deviated from this court’s own prior decisions.”