Peters Creek wins property case
By Edward Terry, The Layman, October 2, 2009
Peters Creek United Presbyterian Church in Venetia, Pa., has won the fight for its property and added another victory for those battling to have church property cases decided on the neutral principles of law.
On Friday, Peters Creek Elder and Legal Committee Chairman Raymond Peterson was looking forward to sharing the news with the congregation this Sunday.
“We have expended a great deal of time, effort, energy and financial resources in the fight for our property that has been ours since 1795,” he said. “We are absolutely eager to turn our full attention to our ministry and furthering God’s kingdom, which is truly our work.”
The ruling by Judge Paul Pozonsky in the Court of Common Pleas of Washington County (Pa.) was announced Oct. 1. The judge declared that Peters Creek is the rightful owner of all real and personal property titled in its name, or property in its possession, control or deposited in any financial institution. The ruling also states that Washington Presbytery nor the Presbyterian Church (USA) hold any property interest whatsoever in the Peters Creek property, in trust or otherwise.
“The fact that the national church placed plain and unambiguous trust language in its Book of Order does not bind a local church, unless the local church specifically consented to declaring a trust in writing,” the court opinion states. “A mere assertion by the beneficiary that property is held in trust is clearly insufficient. As stated before, there is simply no method by which a beneficiary (PCUSA) can create a trust in real property in its own favor without the cooperation and written consent of the settler (Peters Creek Church) …
“The real and personal property of Peters Creek Church has been acquired with funds donated and raised by the local congregation of Peters Creek Church, and the deeds at issue indicate that Peters Creek Church has always been the owner of its real property. Since the charter of Peters Creek Church existed prior to the creation of the PCUSA, and contains no mention of the PCUSA, Peters Creek Church is the lawful owner of the property at issue.”
The ruling also cites the fact that a trust document does not exist and there’s no evidence that Peters Creek Church ever placed its property into a trust for the benefit of the national church.
In November 2007, the Peters Creek congregation voted 207-26 to leave the PCUSA and affiliate with the Evangelical Presbyterian Church. The Peters Creek trustees then filed a motion for a clear claim to the property, which Washington Presbytery disputed by claiming that the minority that voted against leaving is the “true church” and should be awarded the property and all assets.
There are no indications at this time that Washington Presbytery plans to appeal and the interim executive presbyter at Washington Presbytery was unavailable Friday to comment on the case. After 2.5 years of fighting, Peterson is hoping that Thursday’s ruling is the final word. But he senses that, based on prior actions of the presbytery, the fight likely will continue.
“We hope and pray they will not (appeal),” he said. “It’s just such a waste of effort, time, energy and money that could be better spent during these difficult times ministering to those who need it.”
An attempt to reconnect with the minority that left the church is among the next steps for Peters Creek, Peterson said. A letter is being drafted for the group, which has been worshipping at an old school building since the split, encouraging them to come back to Peters Creek.
“If they choose to stay with PCUSA, we wish them well,” he said. “We want them to know they are welcome at any time. … We would welcome them back with open arms.”
Another in a recent series of court victories favoring congregations based on the neutral principles of law argument, Peterson said he hopes others will be encouraged by Peters Creek’s success.
“On the basis, a very simple ruling, I would suspect it would be an encouragement to many other congregations who I believe have the same issues with the PCUSA that we do,” Peterson said.