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Friday, March 12, 2010
Ind. Decisions - Vanderburgh Circuit Court rejects Presbyterian Church (USA) claims to a local church's property
The only writeup the ILB has seen of the March 9, 2010 decision by Judge Carl Heldt is in The Layman Online, an online national publication of the PCUSA, where Parker T. Williamson reports in a lengthy story that begins:
Citing conflicting interpretations of the Presbyterian Church (USA) Book of Order, and affirming that the First Amendment of the U.S. Constitution prohibits civil court interpretations of ecclesiastical documents, Indiana Judge Carl Heldt of the Vanderburgh Circuit Court has rejected PCUSA claims to a local church’s property.The story provides a link to the 29-page opinion by Judge Heldt.
At issue was an attempt by the Presbytery of Ohio Valley and the Synod of Lincoln Trails to seize property belonging to the Olivet Presbyterian Church, a former PCUSA congregation in Evansville, Ind., that left the denomination in order to join the Evangelical Presbyterian Church. Heldt rejected claims based on a “trust clause” in the PCUSA constitution and based his ruling in favor of the local church on “neutral principles of law.”
“The evidence shows that the deed and documents of ownership specifically provide that the real and personal property at issue in this case are held solely by the Olivet congregation rather than in trust for the PCUSA,” said the court.
In a letter to The Layman, Olivet Pastor Dave Mills said, “We are grateful for the verdict that the court agrees with what we had understood from the beginning – that indeed Olivet has always been and should continue to be God’s steward of this property. We are also grateful for the prayers and encouragement of our brothers and sisters throughout the country who have been following these developments.”
Posted by Marcia Oddi on March 12, 2010 11:21 AM
Posted to Ind. Trial Ct. Decisions