‘Free to fly’
Sacramento church raises $1.2 million
in 10 weeks to pay PCUSA settlement
By Jason P. Reagan, The Layman, March 23, 2011
Settlement with a Presbyterian Synod: $1.1 million.
Attorney fees: $100,000
Clear title to church property: Priceless
Located near Sacramento, Fair Oaks Presbyterian Church in Fair Oaks, Calif., raised $1.2 million through a church-based giving campaign in 10 weeks bringing a hard-fought property ownership dispute to an end.
Dubbed “Free to Fly,” the campaign funded an out-of-court-settlement with the Synod of the Pacific, ending a six-year battle with the Presbyterian Church (USA). The church property is valued at an estimated $10.5 million. 
Senior Pastor Kirk Bottomly, third from left, and Pastor Emeritus Henry Wells, fourth from left, along with elders, from left, Bruce McCormick, Michele Zumwalt, Chris Larsen and Larry Cheatham view documents granting the church clear title to the Fair Oaks Presbyterian Church property.
“We thank God for the miracle that took place here at Fair Oaks Presbyterian Church,” the Rev. Kirk Bottomly, the church’s senior pastor, said. Bottomly added that, despite recent economic downturn, the Fair Oaks was able to raise the money within 10 weeks.
The announcement finalizes a negotiated settlement between the church and the synod in November, when a “handshake agreement” was reached by Fair Oaks, a 1,700-member church.
The news was officially delivered to the congregation between worship services on March 20.
Citing theological differences with the PCUSA, Fair Oaks added to a growing trend among conservative churches by joining the Evangelical Presbyterian Church in 2009.
In 2008, Fair Oaks and a sister church in nearby Roseville received permission from the Sacramento Presbytery to leave the PCUSA in order to join the EPC.
But the presbytery’s permission was challenged by one of the churches.
Claiming an alleged “abuse of discretion of [the Sacramento Presbytery’s] fiduciary responsibilities,” Westminster Presbyterian Church contended the presbytery failed to uphold a denominational trust clause in its “role as trustee of the PCUSA.”
“It simply gave the property away,” the complaint read.
So, the nest higher governing body, the Synod of the Pacific, took over the case and filed lawsuits against Fair Oaks and Roseville.
Although a local court initially awarded all property to the churches, an appellate court ruling overturned the lower court decision.
Despite the hefty settlement, Fair Oaks’ leaders seemed to take an optimistic view.
“Nobody likes buying something they already paid for,” Bottomly said in November. “But if we had to rebuild our facility elsewhere, it would run well over $20 million … If we are re-purchasing our church, it’s cheaper than 5 (cents) on the dollar.”
“Praise God from whom all blessings flow,” the Rev. Henry Wells, the church’s pastor emeritus, said. “God has done an amazing work through the generosity of this wonderful church family at Fair Oaks.”
Bottomly said, with the settlement out of the way, the church plans to build a Christian education facility.
“We can now face the future with theological integrity,” he said. “Our primary goal at FOPC is to introduce Jesus Christ to the next generation of this community,” he added.
A matter of trust
The PCUSA’s constitution contains a clause asserting that all local church property — real and personal — is held in trust ‘for the use and benefit’” of the denominations.
In several states, the clause has been effectively challenged by local churches on the grounds that they, as registered property owners, never consented to placing their property in trust for the PCUSA.
In California, courts have tended to favor denominational arguments over those of local churches.