Lancaster (EPC) loses in court;
plans appeal for church property
Deborah A. Hills, The Layman , December 12, 2008
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After months of waiting, Lancaster Presbyterian Church in Lancaster, N.Y., has been ordered by a State Supreme Court justice to relinquish ownership of their church property to the Presbytery of Western New York. Citing a recent State Court of Appeals decision, Justice John M. Curran determined that the congregation had agreed to guidelines in the Presbyterian Church (USA)’s Book of Order stating that local congregations hold property “in trust” for the denomination.
“The Lancaster Presbyterian Church . . . never objected to the applicability and did not attempt to remove itself from the reach of the trust provision of the Book of Order,” Curran noted in his oral decision, delivered Dec. 4 and transcribed this week.
The Lancaster church lawyers had argued that the trust clause did not apply because the congregation was incorporated in 1828, many years before the clause was adopted. In addition, Lancaster’s pastor, the Reverend Kelly Negus, believes their history of declaring commitment to Biblical values and rejecting the compromise of the Presbyterian Church (USA), beginning with “The Lancaster Affirmation” of 1998, shows their growing disconnection with the denomination.
Once the historic church, founded in 1818, published “The Lancaster Affirmation” to declare its resolve to uphold the confessions of the church, a break may have been inevitable. The decisions of the 217th General Assembly in 2006 (including the PUP report and the Trinity paper) were the final straw.
Lancaster lawyers asked the judge to delay enforcing his decision while the congregation considers an appeal. Meanwhile, the Lancaster session, whose congregation voted 243-0 on June 15 to affiliate with the Evangelical Presbyterian Church, voted Wednesday to move ahead with an appeal and to enter into negotiations with the presbytery, according to The Buffalo News.
The congregation knew its property could become an issue. But Negus had affirmed that “we will not be held hostage by our property.” In light of this latest ruling, Negus said, “Presumably, the presbytery is interested in a financial settlement. We’d love to stay in our property. The question is, Can we afford to?”
For the Lancaster congregation, the loss of their presence in a community in which they have ministered for 190 years would be painful. But in the end, Negus states that “It’s not about property; it’s about the kingdom.” “From a material/physical perspective there is uncertainty… but from a heavenly perspective, God is “taking care of everything. To God be the glory.”
Donald Houck Jr., moderator of the Presbytery of Western New York, has said in the past, “We don’t want your property.” The question remains, can they reach a reasonable settlement in which that will prove to be true.