Judge orders PCUSA to back off
By Parker T. Williamson, The Layman, September 16, 2009
BATON ROUGE – Louisiana’s Nineteenth District Court has ordered the Presbytery of South Louisiana “and any persons in active concert or participation with it, on its behalf or in its stead, whether acting directly or indirectly” not to take any action “that could affect the property and rights of Carrollton Presbyterian Church.” The Carrollton Church is located in New Orleans.
The order blocks actions against Carrollton, not only by the presbytery, but by the Synod of the Sun and the Office of the General Assembly of the Presbyterian Church (USA).
In her preliminary injunction, Judge Kay Bates spread the court’s mantle of protection over the New Orleans congregation and all of its property, “both real and personal.” Her order forbids denominational agencies from attempting to assert control over the property or asserting a trust over it.
The court warned denominational agencies against “interfering with Carrollton’s ownership, use, control or disposition of local church property.” It specifically enjoined them against “(1) seeking to change the locks of Carrollton Presbyterian Church; (2)initiating any disciplinary action against the ministers or members … which … arises from or is in respect to any property issue … (3) dissolving Carrollton Presbyterian Church or initiating processes leading to the appointment of an administrative commission to assert original jurisdiction … (4) otherwise interfering with the normal duties and responsibilities of the ministers and other employees of Carrollton Presbyterian Church, the governing body of said church (the ‘session’), or the board of trustees … or any designees thereof, in any way that pertains to the ownership, control, use, or disposition of church property.”
Bates’ ruling will stand until she acts, either through summary judgment or permanent injunction on Carrollton’s property dispute with the presbytery and its partner, an administrative commission from the Synod of the Sun.
Carrollton has also filed a motion for “sanctions” against the presbytery for actions that it and the synod’s administrative commission have taken against the congregation. According to its published reports, the Presbytery of South Louisiana has spent more than $100,000 on legal fees, most of which was incurred in its attempt to seize Carrollton’s property.