Judge’s ruling expected Thursday in Kirk of the Hills-presbytery case
The Layman Online, October 24, 2006
Lawyers for the Presbytery of Eastern Oklahoma and Kirk of the Hills Presbyterian Church in Tulsa argued their cases Monday in the Kirk’s “quiet title” claim to its property as part of the congregation’s decision to disaffiliate from the Presbyterian Church (USA).
The presbytery asked District Court Judge Jefferson Sellers to order a stay of execution of the Kirk’s property claim. In a separate motion, the presbytery asked Sellers to order that the Kirk give the presbytery its membership list and financial and corporate documents.
The Kirk opposed both motions. Sellers said he would render his decision on Thursday.
On August 29, the 2,700-member congregation voted overwhelmingly to leave the PCUSA (967-36) and affiliate with the Evangelical Presbyterian Church (973-31).
Before that vote, Kirk attorneys filed the lawsuit for a quiet title to prevent the presbytery from staking its claim on the property under the provisions of the Book of Order property trust clause. That clause says the property of local congregations is held in trust for the benefit of the denomination.
The Kirk argues that it is no longer under the jurisdiction of the presbytery or the Presbyterian Church (USA) and that the presbytery has no claim on the property or right to receive the membership and other documents.
In February, the presbytery filed affidavits declaring the presbytery’s authority to limit the right of congregations to sell or encumber their church property and challenging the congregations’ right to stake a claim to the property if its members voted to leave the Presbyterian Church (USA).
It was after reading the denomination’s “privileged and confidential” recommendations for hardball legal and administrative tactics – including the filing of affidavits as a means to secure local church property – that the Kirk’s elders decided to challenge the presbytery’s claim.
The Kirk has refused to provide the presbytery with a membership list because of concern that it will be used to coalesce those who oppose the Kirk’s departure from the PCUSA into a “true church” that the presbytery might deem the rightful occupant of the Kirk’s property.