Brief Comment On The Central (now Alps Road) Presbyterian Church Decision, Athens, Georgia – The Exception That Proves The Rule

(By Steve Salyards, The GA Junkie). I began my previous property post on the Bethlehem Presbyterian Church court arguments with the reference to the cliché “fools rush in where angels fear to tread.” This is a very apt phrase to keep in mind when dealing with church property cases because the law varies significantly between states and each case has its own particular circumstances. Earlier this month we got a very good example of this in a court decision from Athens, Georgia.

Being in Georgia the hierarchical church gets strong support as laid out in the 2011 state supreme court decision of Presbytery of Greater Atlanta, Inc. v. Timberridge Presbyterian Church, Inc. (Timberridge decision). The court wrote in the conclusion:

Like the trial court, we conclude that neutral principles of law demonstrate that an implied trust in favor of the PCUSA exists on the local church’s property to which TPC Inc. holds legal title. See Barber, 274 Ga. at 359; Crumbley, 243 Ga. at 345. The Court of Appeals erred in concluding to the contrary.

The critical word in that block is “implied,” sort of like “if you are a PCUSA church than the trust clause applies to you – end of story.” Very few states have given this level of deference to hierarchical churches. But the latest decision shows that it is not necessarily that simple and it is probably best to wait on analysis until you have the data.

In the case of Central Presbyterian Church, now Alps Road Presbyterian Church, a decision was handed down earlier this month that made a preliminary award of the property to the congregation. [And our thanks to The Layman for posting a copy of the decision.] The difference in this case is the strong documentary evidence that from the highest levels of the PCUS and then PCUSA the understanding was that the trust clause was a theological understanding.


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New beginning for Valley’s Presbyterian churches

merge1By Amanda Renko

The Valley’s three Presbyterian churches have maintained a collaborative spirit throughout the years.
But soon, the Athens, Sayre and Waverly churches will work together in a new way: by merging into one large congregation.
Members of the three churches recently voted to go forward with the merge, said Dale Barber of Waverly Presbyterian Church, a leader of the committee that has spearheaded the changes. The three congregations will become one church beginning Jan. 1, 2014.
Slightly over 100 members of the congregation participated in the vote, and 100 of them voted yes, Barber said, calling the results “overwhelming.”
Officials have already tested the waters for the past couple of years. The congregations have participated in activities together. The Athens and Waverly churches alternated worship Sundays during the summer last year; this year, Sayre joined in.
The three churches started exploring the possibility of sharing services with one another — not necessarily a merger at that point — about a year and a half ago, Barber said. At that time, the Waverly and Sayre churches were both between pastors, and Athens’ pastor, Nelson Kopatz, had begun to plan his retirement, set to happen this October.
A 10-person group formed from the three congregations to explore what the groups could do together.
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