N.Y. court reverses Ridgebury
property case ruling
By Edward Terry, The Layman, January 20, 2010
Attorney Don Nichol isn’t sure what’s next for his church, but he does know that the recent judgment against The Church at Ridgebury could set a scary precedent.
The appellate division of the New York Supreme Court on Jan. 12 reversed a 2006 ruling that rejected the Presbytery of Hudson River’s claim to the property of the Church of Ridgebury in Slate Hill, N.Y. Ridgebury left the Presbyterian Church (USA) in 2005 and has since joined the Evangelical Presbyterian Church (EPC).
Hudson River had appealed the earlier ruling that said the congregation was not obligated to submit to the presbytery’s hierarchical claims of the denomination. The court said that Ridgebury had failed to demonstrate that it owned the property and the congregation’s deed – “though it conveys the subject real property to them” – did not contain any express revisionary or trust provisions.
“The denomination’s trust provision in the Book of Order … is one way in which the national denomination or presbytery may ensure that church property is retained by the faction loyal to the national denomination and presbytery upon secession of any particular church,” the ruling states. “Although the defendants (Ridgebury) presented some proof of ownership of the real property in the form of the deeds conveying the subject property and the title search record, they have not satisfied their initial burden on summary judgment of eliminating all issues of fact as to their ownership of the subject property.”
In its ruling the appellate court denied Ridgebury’s motion for summary judgment and granted Hudson River’s cross motion for summary judgment, which declares that all Ridgebury property, real and personal, is to be held in trust by Hudson River for the PCUSA.
Nichol said the court ignored several of Ridgebury’s arguments including that a deed proves ownership and the PCUSA’s property trust provision does not apply to the more than 200-year-old congregation, because it never granted such a trust.
“Two different title companies said we have title … frankly, that ought to be enough,” he said. “There’s nothing in state law that would support (the court’s) decision.”
In making its claim on the property, Ridgebury cites incorporation papers dated 1805 that state the property was under the “charge” of the congregation’s trustees. In 1817, the congregation affiliated with the Presbytery of Hudson, a predecessor of the Presbytery of Hudson River. Hudson River argues that Ridgebury, through its continued participation in the presbytery and the denomination had “ratified and approved” the property trust clause. In addition to arguing on the basis of N.Y. law, Ridgebury also cited Scriptural authority and the Confessions for its property rights claims.
“In essence, they have made the denomination a pope for us, the pope has ruled and he is infallible and we don’t have any rights. It’s a disturbing kind of opinion,” Nichol said, adding that the ruling could open the door for other kinds of property claims. “What if you haven’t paid your tithe? And the church says ‘that’s church property … so, you owe the church all this money so we’re going to take a judgment on you and put that on your property, which you’re holding in trust for us.’”
Presbytery of Hudson River General Presbyter Susan Andrews said the court ruling affirms the presbytery’s jurisdiction over the property while honoring the PCUSA’s constitution.
“The presbytery grieves the broken relationship with our brothers and sisters in Christ, repents of any historical weaknesses in the relationship between presbytery and the Ridgebury congregation, and prays fervently that peace and reconciliation may be found as we move forward,” she said in an e-mailed statement to The Layman. “Our Administrative Commission (established in 2005) has continued to meet and hold the Ridgebury congregation in prayer, with the hope that faithful and honest conversation might lead to a settlement outside of court that both builds up the larger Body of Christ and honors the 200+ year witness that disciples in the PCUSA ( and its predecessor denominations) in the Ridgebury congregation have made.”
Andrews said that previous attempts to talk and negotiate with Ridgebury were rejected by representatives of the congregation, and the congregation remains on the presbytery’s roster of members. She said “a fresh attempt will be made to offer Christian fellowship, listening and discernment” to the Ridgebury congregation.
Nichol said that the congregation was never offered a settlement, and there’s a bit of irony in the presbytery standing on constitutional authority.
“If the presbytery had been in compliance with the constitution, we would not have to leave,” he said, adding that he views the Book of Order as a contract between the denomination and the church. “How can you enforce part of an agreement without enforcing all of it?”
When Ridgebury voted to leave PCUSA with its property, it did so based on reasons “too numerous” to list. Among the actions the members disagreed with is the public defiance of the “fidelity/chastity” ordination standard in the Book of Order by several Hudson River Presbytery congregations. When the congregation renounced the denomination’s jurisdiction, the presbytery followed with threats of legal action and the forming of an administrative commission with jurisdiction over Ridgebury.
After the Jan. 12 court decision was announced, the small congregation called for a time of prayer before deciding its next step. Nichol sees only a handful of options for the small congregation at this point. The options include: requesting permission from the state’s highest court, the Court of Appeals, to appeal the Jan. 12 ruling; walk away and worship elsewhere; or pursue a settlement with Hudson River. If permission to appeal is denied, a fourth option would be petitioning the U.S. Supreme Court, Nichol said.
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