Churches seeking clear title to property
For court documents related to property cases involving congregations, visit The Layman Online’s Legal Resource Databank.
For churches that have voted to leave the PCUSA, visit The Layman Online’s chart.
This chart includes only churches that have notified The Layman of their efforts to seek clear title to their property. Some congregations prefer not to publicize their efforts until the process is complete.
Any information about additional churches seeking clear title can be sent to laymanletters@layman.org.
(This information is in chart form at the bottom of this page)
Date filed –Church –City, state –Presbytery–Decision
2/5/07-First-Corinth, MS-St. Andrew-in court
3/2/07-First-Vicksburg, MS-Mississippi-Final declaratory judgment on 3/2/07; church owns property
3/2/07-First-Pascagoula, MS-Mississippi-Final declaratory judgment on 3/2/07; church owns property
2/26/07-J.J. White Memorial-McComb, MS-Mississippi-Final declaratory judgment on 2/26/07; church owns property
9/6/06-First-Baton Rouge, LA-South Louisiana-presbytery approved stipulated judgment on 11/4/05; church owns property; (see Churches that have voted to leave the Presbyterian Church (USA) for further developments)
5/9/07-Peters Creek United-Venetia, PA-Washington Presbytery-complaint seeking “quiet title” claim to its property was filed May 9; along with temporary injunction that prevents Washington Presbytery from installing an administrative commission against Peters Creek United Presbyterian Church in Venetia, Pa. The order also enjoins the presbytery from “occupying, seizing or exercising control” over the church’s real and personal property and from interfering with the church’s “operations and members in any way until otherwise ordered by this court.” Court filings were made one day after presbytery commissioners approved the administrative commission with all powers granted to it in the PCUSA’s Book of Order, except the power to dismiss a church to another denomination. (see Churches that have voted to leave the Presbyterian Church (USA) for further developments)
5/21/07-Woodland-New Orleans, LA-South Louisiana-The church sought a temporary restraining order, preliminary injunction and declaratory judgment on May 21. It was granted a temporary restraining order May 22, followed by a stipulated preliminary injunction nine days later. No hearing dates have been set for the declaratory judgment petitions. Case filed in the 19th District Judicial Court in East Baton Rouge Parish.
7/2/07-First-Marion, NC-Western North Carolina-temporary restraining order granted; administrative commission appointed by presbytery at 7/31/07; by unanimous voice vote presbytery commissioners on 10/26/07 approved the administrative commission’s original-jurisdiction powers over the church. The church’s session requested the resignation of the pastor, the Rev. Jim Wilken, who submitted his resignation 10/21/07, effective 11/4/07.
8/1/07-First-Thibodaux , LA-South Louisiana-The church filed a declaratory judgment on Aug. 1. The lawsuit was filed in the 19th District Judicial Court in East Baton Rouge Parish.
3/28/08-Providence-Hilton Head Island, SC-Charleston Atlantic-The church filed a civil suit at the Beaufort County Courthouse against the presbytery to prove ownership of two island properties. The church has almost 26.5 acres of land, roughly 16 of it undeveloped. The presbytery gave Providence the properties for a total of $15, but the name on the land deed is Providence, not the presbytery.
2010- Windwood- Houston, Texas- New Covenant- The District Court of Harris County, Texas ruled against the congregation, which had asked the court to declare its rights to its property. The court declared that the PCUSA is a hierarchical denomination and Texas law applies the “hierarchical deference” rule to such cases. In states that use the “neutral principles” rule, courts commonly rule in favor of the congregation in property disputes. The church has appealed
Date filed |
Church |
City, state |
Presbytery |
Decision |
2/5/07 | First | Corinth, MS | St. Andrew | in court |
3/2/07 | First | Vicksburg, MS | Mississippi | Final declaratory judgment on 3/2/07; church owns property |
3/2/07 | First | Pascagoula, MS | Mississippi | Final declaratory judgment on 3/2/07; church owns property |
2/26/07 | J.J. White Memorial | McComb, MS | Mississippi | Final declaratory judgment on 2/26/07; church owns property |
9/6/06 | First | Baton Rouge, LA | South Louisiana | presbytery approved stipulated judgment on 11/4/05; church owns property; (see Churches that have voted to leave the Presbyterian Church (USA) for further developments) |
5/9/07 | Peters Creek United | Venetia, PA | Washington Presbytery | complaint seeking “quiet title” claim to its property was filed May 9; along with temporary injunction that prevents Washington Presbytery from installing an administrative commission against Peters Creek United Presbyterian Church in Venetia, Pa. The order also enjoins the presbytery from “occupying, seizing or exercising control” over the church’s real and personal property and from interfering with the church’s “operations and members in any way until otherwise ordered by this court.” Court filings were made one day after presbytery commissioners approved the administrative commission with all powers granted to it in the PCUSA’s Book of Order, except the power to dismiss a church to another denomination. (see Churches that have voted to leave the Presbyterian Church (USA) for further developments) |
5/21/07 | Woodland | New Orleans, LA | South Louisiana | The church sought a temporary restraining order, preliminary injunction and declaratory judgment on May 21. It was granted a temporary restraining order May 22, followed by a stipulated preliminary injunction nine days later. No hearing dates have been set for the declaratory judgment petitions. Case filed in the 19th District Judicial Court in East Baton Rouge Parish. |
7/2/07 | First | Marion, NC | Western North Carolina | temporary restraining order granted; administrative commission appointed by presbytery at 7/31/07; by unanimous voice vote presbytery commissioners on 10/26/07 approved the administrative commission’s original-jurisdiction powers over the church. The church’s session requested the resignation of the pastor, the Rev. Jim Wilken, who submitted his resignation 10/21/07, effective 11/4/07. |
8/1/07 | First | Thibodaux , LA | South Louisiana | The church filed a declaratory judgment on Aug. 1. The lawsuit was filed in the 19th District Judicial Court in East Baton Rouge Parish. |
3/28/08 | Providence | Hilton Head Island, SC | Charleston Atlantic | The church filed a civil suit at the Beaufort County Courthouse against the presbytery to prove ownership of two island properties. The church has almost 26.5 acres of land, roughly 16 of it undeveloped. The presbytery gave Providence the properties for a total of $15, but the name on the land deed is Providence, not the presbytery. |
2010 | Windwood | Houston, Texas | New Covenant | The District Court of Harris County, Texas ruled against the congregation, which had asked the court to declare its rights to its property. The court declared that the PCUSA is a hierarchical denomination and Texas law applies the “hierarchical deference” rule to such cases. In states that use the “neutral principles” rule, courts commonly rule in favor of the congregation in property disputes. The church has appealed |