Key points of
Memorial Park Church's property
ownership lawsuit against Pittsburgh Presbytery
The Layman
Online
Friday, January 11,
2008
The property ownership
lawsuit
filed by Memorial Park Presbyterian Church in Allison Park, Pa., against
Pittsburgh Presbytery makes the following key arguments:
- 1. "Memorial Park Church acquired all of the real property
identified" in the litigation "with its own funds, which
were donated or raised by the members of the Memorial Park Church,
or through the use of loans/mortgages in its own name."
- 2. "Memorial Park Church holds clear title to all the
Memorial Park property without any liens or encumbrances"
except for the mortgage on one parcel. That mortgage was paid in
full as of May 1996, but the church says it never received "satisfaction
documents ready for recording" from the Presbyterian Church
(USA).
- 3. "The members of Memorial Park Church built the main
church building, which includes a sanctuary, educational wings,
fellowship hall and offices, as well as the Clayton Community Youth
Center on the Memorial Park property, also with its own funds which
were raised by the members of the Memorial Park Church."
- 4. "Memorial Park Church has at all times, and with its own
funds, paid for the maintenance and upkeep of the buildings and
grounds on the Memorial Park property."
- 5. "Memorial Park Church has been self-sustaining
financially from any national denomination with which it has been
affiliated throughout its history."
- 6. "Pittsburgh Presbytery has expressed the intention to
assert denominational ownership of the Memorial Park property based
upon language contained within one of the governing documents of the
PCUSA, the Book of Order."
- 7. "Memorial Park Church believes and therefore avers that
the Memorial Park Church is the owner of the Memorial Park property
and that the Pittsburgh Presbytery has no interest in that property."
- 8. "Memorial Park Church has sought the assurance of the
Pittsburgh Presbytery that it will not advance any claim against the
real property owned by the Memorial Park Church or that it release
any and all claims it may allege against the Memorial Park property;
however, the Pittsburgh Presbytery has refused to give such
assurance on acceptable terms."
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