Church of God in Christ, Inc. v. Board of Trustees of Emmanuel Church of God in Christ

280 P.3d 795, 47 Kan. App. 2d 674, 2012 WL 2053573, 2012 Kan. App. LEXIS 56
CourtCourt of Appeals of Kansas
DecidedJune 8, 2012
DocketNo. 104,859
StatusPublished
Cited by6 cases

This text of 280 P.3d 795 (Church of God in Christ, Inc. v. Board of Trustees of Emmanuel Church of God in Christ) is published on Counsel Stack Legal Research, covering Court of Appeals of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Church of God in Christ, Inc. v. Board of Trustees of Emmanuel Church of God in Christ, 280 P.3d 795, 47 Kan. App. 2d 674, 2012 WL 2053573, 2012 Kan. App. LEXIS 56 (kanctapp 2012).

Opinion

Bruns, J.:

This case involves a lengthy dispute over the ownership and control of real property between an international church body and one of its local congregations. The Church of God in Christ, Inc. (COGIC), a hierarchical denominational church, was granted a default judgment against the board of trustees and several individual members of Emmanuel Church of God in Christ, Wichita, Kansas (the defendants). Specifically, the district court granted injunctive relief and awarded monetary damages in favor of the COGIC. On appeal, we find that the district court did not interfere with an internal church decision that affects the faith and mission of the church itself in resolving the property dispute between the parties. We further find that the entry of default judgment was appropriate because the defendants did not answer or seek leave to file and answer out of time. Finally, we find that the award of damages by the district court was supported by substantial evidence. Thus, we affirm.

Factual and Procedural Background

Throughout its history, Emmanuel Church — which was established as an unincorporated association in 1945 — has been a member of the COGIC. The international church is organized by juris[677]*677dictions — each of which is headed by a bishop. Since 1967, Emmanuel Church has belonged to the Kansas Southwest Jurisdiction. Currently, the Kansas Southwest Jurisdiction is administered by Bishop Joseph C. Gilkey, Sr.

From 1967 until his death in October 2004, Elder Joshua Stidham served as the pastor of Emmanuel Church. In 1972, Emmanuel Church purchased real property located at 2502 N. Mascot, Wichita, Kansas (Mascot property). Since that time, Emmanuel Church has used the Mascot property to hold worship services and to conduct other church business.

Under the terms of the constitution of the COGIC, Bishop Gilkey temporarily assumed the pastorate of Emmanuel Church following Elder Joshua Stidham’s death. Thereafter, members of Emmanuel Church requested that Elder Ronald E. Stidham be named as their new pastor. Instead, Bishop Gilkey named Elder Rondell Love to serve as the new pastor of Emmanuel Church.

On October 29,2004, Elder Ronald Stidham purported to transfer the Mascot property to an entity known as “Emmanuel Church of God in Christ Ministries and Trustees.” Two days later, several members of Emmanuel Church formed a corporation called “Emmanuel Church of God in Christ, Wichita, Kansas” (the corporation). And, on November 8, 2004, the Mascot property was transferred to the newly formed corporation.

On November 28, 2004, in an attempt to remove the congregation from Bishop Gilkey’s control, members of Emmanuel Church submitted a resolution to the COGIC requesting that the congregation be transferred to the Kansas Central Jurisdiction. But this request was denied by the COGIC, which found it to be improper. Thereafter, Bishop Gilkey granted Elder Love’s request to be relieved from the assignment to serve as the new pastor of Emmanuel Church.

In a letter dated December 19, 2004, Bishop Gilkey advised the members of Emmanuel Church that he would remain as their pastor until he appointed a replacement for Elder Love. Two days later, Bishop Gilkey held a meeting with the members of Emmanuel Church, where he was told that the members of Emmanuel Church would not accept any pastor he might appoint. About a [678]*678week later, the chair of the corporation’s board of trustees sent Bishop Gilkey a letter stating that he had no authority over Emmanuel Church and that the corporation had decided to unilaterally transfer to the Kansas Central Jurisdiction.

During the dispute, the locks were changed to the Mascot property and Bishop Gilkey was not provided keys to the new locks. On at least one occasion, the police were called to prevent Bishop Gilkey from having access to the church building. Moreover, several disruptions occurred during worship services conducted by Bishop Gilkey or his designee. The disruptions included the playing of loud music in a restroom located next to the sanctuary.

On Februaiy 10, 2005, the COGIC filed a lawsuit (the first lawsuit) against the newly formed corporation, the board of trustees, and several individual members of Emmanuel Church, seeking an injunction and further relief. Specifically, the COGIC alleged that the defendants in the case had improperly taken control of the church building and had prevented Bishop Gilkey from exercising proper control over the church property. Initially, a temporary restraining order was entered on behalf of the COGIC. But the district court subsequently entered a temporary injunction on April 13, 2005, that required the COGIC and the defendants to share the Mascot property.

The defendants in the first lawsuit filed an appeal to this court from the district court’s issuance of the temporary judgment. See Church of God in Christ v. Board of Trustees of Emmanuel Church of God in Christ, No. 94,514, 2006 WL 2806859 (Kan. App. 2006) (unpublished opinion). A panel of this court affirmed the granting of the temporary injunction, finding that “the Bible cannot and does not guide our resolution of this appeal. Rather, our task is simply to review Kansas law and determine whether the trial court abused its discretion by issuing a temporary injunction.” 2006 WL 2806859, at *3. Ultimately, this court held that the district court’s conclusion that Emmanuel Church had agreed to hold the property in trust for the COGIC was supported by substantial competent evidence. 2006 WL 2806859, at *4-5.

After more tiran 3 years of litigation, the parties to the first lawsuit participated in mediation. In a settlement agreement dated [679]*679March 5, 2008, the parties agreed “to dismiss all claims from all parties with prejudice.” Further, the parties agreed that Emmanuel Church would submit a formal request to the COGIC for transfer to the Kansas Central Jurisdiction. Additionally, Bishop Gilkey agreed not to appoint a new pastor for Emmanuel Church until either the COGIC ruled on the transfer request or 90 days, whichever occurred first. In the meantime, both parties were to remain subject to Judge Clark’s injunction that required the parties to share the Mascot property.

On March 21, 2008, a journal entry was entered in the first lawsuit adopting the terms of the settlement agreement and dismissing the claims the parties had asserted against one another with prejudice. Shortly thereafter, on April 9, 2008, the COGIC denied the request of Emmanuel Church for transfer to the Kansas Central Jurisdiction. After a lengthy appeals process, the Judiciary Board of the COGIC sent a letter to Elder Ronald Stidham dated April 12, 2009, stating that Emmanuel Church would remain in the Kansas Southwest Jurisdiction. Thereafter, Bishop Gilkey was again denied access to the Mascot property.

By way of a letter dated September 9, 2009, Presiding Bishop Charles E. Blake, Sr., confirmed that Bishop Gilkey had “the authority to appoint a new pastor of [his] choosing to Emmanuel Church and shall have unfettered access to the Emmanuel Church premises to supervise and manage the church until a pastor is appointed.” On September 27,2009, Bishop Gilkey sought to address the members of Emmanuel Church prior to a worship service but was not allowed to do so. At the conclusion of the service, Bishop Gilkey had counsel for the Kansas Southwest Jurisdiction read Presiding Bishop Blake’s letter to the few congregants who remained.

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Bluebook (online)
280 P.3d 795, 47 Kan. App. 2d 674, 2012 WL 2053573, 2012 Kan. App. LEXIS 56, Counsel Stack Legal Research, https://law.counselstack.com/opinion/church-of-god-in-christ-inc-v-board-of-trustees-of-emmanuel-church-of-kanctapp-2012.