Presbytery declares that Baton Rouge church, not PCUSA, owns congregation’s property
By Craig M. Kibler, The Layman Online, November 6, 2006
The Presbytery of South Louisiana has declared that First Presbyterian Church in Baton Rouge, and not the presbytery or the Presbyterian Church (USA), owns the congregation’s property.
In a 55-13 vote Nov. 4, the presbytery agreed to a stipulated judgment that said First Presbyterian Church “holds all property titled in its name in full, complete and unfettered ownership” and that neither the presbytery “nor any person, entity, administrative unit, agency, commission, committee or governing body action on behalf of the Presbytery of South Louisiana or in its stead, or claiming by, through or under the Presbytery of South Louisiana, has any right, title or interest in or to the Property, whether in trust or otherwise, nor any right to determine control, directly or indirectly, the use or ownership of the property.”
On Sept. 14, a state district judge granted a preliminary injunction sought by the trustees of First Presbyterian Church that barred the presbytery or any other denominational entity from taking any action against the congregation’s leaders or attempting to take over the congregation’s property.
The trustees had asked the court to rule that the congregation’s property “is held without trust for the use and benefit of the PCUSA or other national denomination, or any of its regional administrative units such as the Presbytery of South Louisiana” and that “neither the PCUSA nor any of its regional administrative units such as the Presbytery of South Louisiana has any right, title or interest in said property nor right to determine the ownership thereof.”
At the time, in a letter to the congregation’s members, the Rev. Gerrit Dawson emphasized that “it is important to note what this action [by the trustees] does not do: it is not an act of disaffiliation with the PCUSA. It is not an ecclesiastical action. Rather, it is a legal action related to our property rights.”
A question and answer paper posted on the church’s Web site further emphasized that “filing a lawsuit to seek judicial clarification is not an act of disaffiliation. Neither the staff, the session, nor the board of trustees of First Presbyterian Church have voted to recommend to the congregation that the local church disaffiliate from the PCUSA and reaffiliate with a different Presbyterian denomination. We continue to work and pray for the renewal of the PCUSA. First Presbyterian Church has not suspended its presbytery mission giving or local per-capita payments to the [presbytery].”
This point was included in the motion approved by the presbytery, which said that “neither the Session, the board of Trustees, nor the ordained staff … has voted or otherwise recommended disaffiliation with the PC(USA).”
The presbytery also stipulated that it would neither initiate “any disciplinary action against the ministers or governing body” nor appoint or processes leading to the appointment of an administrative commission to assert original jurisdiction over [the congregation] to correct difficulties or dissolve a pastoral relationship in respect of matter raised in, prompted by, or related to this litigation.”
The complete text of the motion approved by the presbytery is as follows:
“Whereas the Presbytery of South Louisiana, disciplined by the Scriptures and guided by The Book of Confessions and the Book of Order (The Constitution of the Presbyterian Church (USA)), is charged with oversight for the mission and ministry of the congregations of the Presbytery [BOG-11.0103]; and
“Whereas among these assigned responsibilities is the authority to act upon issues regarding property [BOG-11.0103y, G-8.000],
“Whereas the First Presbyterian Church of Baton Rouge, in 1987 in availing itself of the offered option to Chapter 8 (of the Book of Order), worded a motion in such a manner as to assert a total exception from Chapter 8 of the Book of Order; and
“Whereas in this particular situation the ownership of the property is indeed clouded; and
“Whereas the First Presbyterian Church of Baton Rouge and its ministers and elders have long, distinguished records of faithful service guided by the vows taken at ordination, providing leadership, resources, encouragement and challenge to the Presbytery of South Louisiana; and
“Whereas, neither the Session, the board of Trustees, nor the ordained staff of First Presbyterian Church of the City of Baton Rouge has voted or otherwise recommended disaffiliation with the PC(USA);
“Therefore, the Presbytery of South Louisiana declares that all property, whether immoveable or real, together with all buildings and improvements thereon, or moveable, personal, corporeal or incorporeal, wherever located, held by, for or in the name of the First Presbyterian Church of the City of Baton Rouge, and all property acquired in any manner by the First Presbyterian Church of the City of Baton Rouge(collectively “property”), is held and owned for the sole and exclusive use and benefit of the First Presbyterian Church of the city of Baton Rouge which holds all property titled in its name in full, complete and unfettered ownership, all in accordance with the laws of the State of Louisiana, as described in the recorded deeds and articles of incorporation of the First Presbyterian Church of the City of Baton Rouge , and that neither the presbytery of South Louisiana, nor any person, entity, administrative unit, agency, commission, committee or governing body action on behalf of the Presbytery of South Louisiana or in its stead, or claiming by, through or under the Presbytery of South Louisiana, has any right, title or interest in or to the Property, whether in trust or otherwise, nor any right to determine control, directly or indirectly, the use or ownership of the property.
“Furthermore, the Presbytery of South Louisiana declares that neither the Presbytery of South Louisiana, and any persons in active concert or participation with it, on its behalf or in its stead, will take any action that may affect the property rights of The First Presbyterian Church of the City of Baton Rouge, including but not limited to: 1) filing any documents in the mortgage or conveyance records that place a cloud on the title to the Property; 2) initiating any disciplinary action against the ministers or governing body of the First Presbyterian Church of the City of Baton Rouge in respect to any issues, raised in, prompted by, or related to this litigation; 3) appointing or initiating processes leading to the appointment of an administrative commission to assert original jurisdiction over the First Presbyterian Church of the City of Baton Rouge to correct difficulties or dissolve a pastoral relationship.”