Presbytery makes second attempt
to seize Missouri church’s property
By Jason P. Reagan, The Layman , July 19, 2011
Having failed to persuade a Missouri judge that it owns a congregation’s property, Heartland Presbytery is crossing states lines in a second attempt to seize a Kansas City church’s assets.
Heartland Presbytery filed a lawsuit in Johnson County, Kan., against Colonial Presbytery Church on July 1, claiming the congregation’s Quivira campus in Overland Park belongs to the presbytery and the Presbyterian Church (USA). Their argument is based on the denomination’s assertion of a trust in its constitution.
In a 25-page filing, Heartland alleges Colonial owes the PCUSA all of its real and personal property after the church voted overwhelmingly to leave the denomination in 2010. The legal action is Heartland’s second attempt to grab Colonial’s property.
The presbytery failed in its most recent efforts when Missouri Circuit Court Judge Justine E. Del Muro ruled in favor of Colonial, allowing the church to keep its $4.7 million Kansas City campus.
“Keep in mind that Judge Del Muro has not yet rendered a final judgment in the case,” Colonial lead pastor the Rev. Jim West said.
“She is considering a motion to dismiss the remaining three counter claims, but has not done so to date. So instead of waiting for a final ruling in Missouri, Heartland has moved ahead with their attempts to ‘forum shop’ and sue us in Kansas,” he added.
The congregation agreed by a vote of 927-27 to join the Evangelical Presbyterian Church (EPC) in August due to theological disputes over PCUSA doctrine.
In seeking to seize Colonial’s $10.6 million campus in Kansas, Heartland is essentially deploying the same argument that failed to convince Del Muro in Missouri.
The filing claims Colonial “attempted unilaterally to disaffiliate from the PCUSA and join another denomination in violation of the PCUSA constitution … which amounts to a breach of implied trust in favor of the PCUSA.”
The presbytery claims Heartland has “the authority to hold, use, apply, transfer or sell the Kansas property [the Quivira campus] and Colonial’s personal property.”
Del Muro didn’t buy the argument, stating in her recent decision, “The [PCUSA trust] clause is drafted by the [PCUSA] and not [Colonial] contrary to and in violation of Missouri law.”
“[Colonial] did not breach either an express or implied trust because no such trust had been created…no express trust exists,” she added.
The presbytery is asking the Kansas court to issue a restraining order, temporary injunction and permanent injunction prohibiting Colonial from “occupying, possessing, using transferring, selling or taking any action with regard to the Kansas property” unless the church transfers its property interest to Heartland as well as stopping the church from “disturbing or interfering with Heartland’s right to hold, use, apply, transfer or sell” the property.
Such an injunction could allow the presbytery to realize a multi-million windfall if granted.
Presumably, Colonial could also be prohibited from holding services at the Quivira campus if the injunction is granted.
West said that, although the suit was filed on July 1, the church had actually not been served until July 13.
Messages to Heartland seeking comment were not returned as of July 14.
Colonial was Heartland’s second largest congregation and currently has 1,700 members.