A local district of the Church of the Brethren could not assume the title of the property of a Northern-Indiana congregation that broke away from the Anabaptist denomination, according to an opinion from the Indiana Court of Appeals. The congregation had not incorporated suggested language in its deeds or in its governing documents necessary to give the church the authority to take over the congregation’s property in the event of a split. Continue reading “Indiana Church of the Brethren district cannot take title to breakaway congregation”
Tag: schism
Cert. Denied in Indiana Church Property Dispute
The Supreme Court of the United States denied certiorari in a dispute between the Presbyterian Church U.S.A. and a congregation that decided to leave the denomination. The Indiana Supreme Court had returned the case to the trial court for facts to be determined at trial rather than by summary judgment. Access the Supreme Court list of today’s orders here, the Indiana Supreme Court’s decision here, and the vacated Indiana Court of Appeals decision here. Find audio and video of oral arguments at the Indiana Supreme Court here and at the Court of Appeals here.
The Indiana Lawyer reported the case here. It had previously reported on the Indiana Supreme Court’s grant of transfer here and its decision here. It had reported on the Court of Appeals decision here.
The case will now return to the Vanderburgh Circuit Court for further proceedings.
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Court allows challenge to intracongregational dispute
Religion Clause posts this: Court Decides It Can Adjudicate Church’s Factional Dispute
This is a very interesting decision based on the absence of religious arguments in the parties’ dispute.