Greater Atlanta Presbytery
Details of
church's property
ownership case against presbytery
By Patrick Jean
Staff Writer
The Layman
Online
Monday, December
10, 2007
Timberridge
Presbyterian Church filed suit
against the Presbytery of Greater Atlanta Sept. 6 in Henry Superior
Court. The litigation sought:
1. A judgment declaring that:
- A. "All property held by or for Timberridge, and any
improvements thereon … is held without any trust in favor (of)
a national denomination or any of its regional administrative units."
- B. "All property held by or titled in the name of the local
church corporation is held by it in full and exclusive ownership."
- C. "The PGA (Presbytery of Greater Atlanta) and anyone
acting by, through or under the PGA, has no right, title or interest
in said property, nor right to determine the ownership thereof."
2. An injunction preventing the presbytery "and any of its
agents, employees, or other persons or entities acting on its behalf or
in its stead" from:
- A. "Filing any documents in the mortgage and conveyance
records of Henry County … the effect of which would be to place
a cloud on the title of any property titled in the name of
plaintiff, or otherwise taking any action to claim ownership of
local church property … or a right to determine ownership of
local church property."
- B. "Asserting any rights to the property of Timberridge
Presbyterian Church or Timberridge Presbyterian Church Inc.,
including but not limited to seeking to change the locks of
Timberridge, initiating any disciplinary action against the
ministers or members of Timberridge, appointing an administrative
commission, or otherwise interfering in any way with the rights and
responsibilities of the ministers or other employees of Timberridge,
the governing body of Timberridge (the session), its congregation,
or the governing body of its local church corporation Timberridge
(the board of trustees).
- C. "Proceeding in any way in violation of Georgia law and
plaintiff's property rights."
In the background report to its recommendation for an
administrative commission, the presbytery's committee on ministry stated
that the presbytery was notified Sept. 7 of the lawsuit and that
Timberridge Church "made no attempt to discuss their concerns with
the presbytery" before going to court.
The Rev. Matt Allison, pastor of Timberridge Church, wrote Nov. 27 to
the Rev. Ed Albright, executive presbyter of Greater Atlanta Presbytery.
Allison told Albright that his church went to court because the
presbytery refused to repudiate "The
Louisville Papers," documents prepared by PCUSA lawyers that
urge presbyteries to use aggressive measures when trying to claim local
church property.
"In such a hostile environment," Allison wrote, "the
leadership of Timberridge Presbyterian Church reasonably concluded that
a cloud had been potentially placed on its property that would either
impede its future ability to successfully obtain bank financing secured
by the collateral of local church property, or impede its future ability
to successfully undertake a capital campaign for local church
improvements."
On Sept. 17, Timberridge Church filed a
motion for a
temporary restraining order that sought the same relief as the
injunction request filed Sept. 6.
Presbytery files response
On Sept. 19, Greater Atlanta Presbytery filed an
answer
and counterclaim to the church's lawsuit, as well as a
motion to
dismiss the lawsuit and a
brief
in support of that motion. The presbytery sought:
- 1. A temporary restraining order and injunction preventing the
church from violating the denomination's property trust clause "and
from selling, transferring, encumbering or otherwise disposing of
plaintiff's property in order to maintain the status quo pending the
resolution of this case."
- 2. Dismissal of the church's lawsuit, or a judgment for the
presbytery and against the church on all counts asserted in the
church's lawsuit.
- 3. A judgment for the presbytery on all counts asserted in its
counterclaim.
- 4. An award of "all costs and expenses of litigation,
including but not limited to attorneys' fees."
On Sept. 27, the presbytery filed a
response
and supplemental
response in opposition to the church's motion for a temporary
restraining order.
The response argued that the church never exercised its opt-out power
in the eight-year window of opportunity following the 1983 merger that
created the PCUSA; that the church does not face "any specific
immediate, irreparable harm" from the presbytery; and that an
injunction would prevent the presbytery "from adhering to the
processes and mandates of its (denomination's) Constitution" in
violation of the U.S. Constitution.
The supplemental response argued that the case should be heard in
Fulton County Superior Court since the presbytery is based in that
county; that the court lacks subject matter jurisdiction to grant a
temporary restraining order; and that an order is not necessary because
the plaintiff cannot prove that "there exists a current immediate
and irreparable threatened injury."
Church back in court; TRO
granted
Timberridge Church filed an
amended
complaint Oct. 3 that sought the same judgment and temporary
restraining order requested earlier, as well as:
- 1. An order granting "quiet title" to the church
property for the plaintiff.
- 2. A "quieting" of all adverse claims, including the
presbytery's claim to the property under the PCUSA property trust
clause.
- 3. A judgment that the church's deeds to its property "are
valid and enforceable as against all adverse claims."
- 4. A judgment that the church "holds all present and future
interests in said property, free and clear of any encumbrances,
clouds or claims of interest of any kind, asserted by defendant or
any other person or entity."
On Oct. 18, a Henry County Superior Court judge
granted the
church's request for a temporary restraining order, made it retroactive
to Oct. 3 and denied the presbytery's similar request. However, the
judge struck the language that would have prevented the presbytery from
"initiating any disciplinary action against the ministers or
members of Timberridge, appointing an administrative commission, or
otherwise interfering in any way with the rights and responsibilities of
the ministers or other employees of Timberridge, the governing body of
Timberridge (the session), its congregation, or the governing body of
its local church corporation Timberridge (the board of trustees)."
On Oct. 22, the church filed a
brief
in opposition to the presbytery's motion to dismiss the church's
lawsuit. That is the latest filing by either side in the litigation.
The lawsuit is currently in the discovery process, in which each side is
requesting documents and other evidence from the opposing side and other
related parties, Albright said. The litigation does not have a future
hearing date because all Superior Court judges in Henry County have
recused themselves from the case and a judge will be appointed, he
said.
Patrick Jean is a staff writer for The Layman and The Layman Online.
He can be reached at pjean@layman.org.
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