Church of God of Madison v. Noel

318 S.E.2d 920, 173 W. Va. 589
CourtWest Virginia Supreme Court
DecidedJuly 24, 1984
Docket15911
StatusPublished
Cited by5 cases

This text of 318 S.E.2d 920 (Church of God of Madison v. Noel) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Church of God of Madison v. Noel, 318 S.E.2d 920, 173 W. Va. 589 (W. Va. 1984).

Opinions

NEELY, Justice:

This case involves a dispute between two groups of trustees of the Church of God of Madison over control of property conveyed to the church by successive deeds. The Circuit Court of Boone County granted summary judgment in favor of the first group of trustees, invalidating the second deed under which the successor trustees claimed control of the subject property. We conclude that the circuit court improperly interfered with an internal church dispute, and reverse.

On February 13, 1979 Russell G. Lester and Madeline J. Lester conveyed a parcel of land to “The Church of God of Madison” under general warranty deed with no restrictions or reservations. At the time of this conveyance, Nathan Marcum was the minister of the church and one of its trustees, along with Roger Malcom and Zina Lilly. These trustees were not named in the deed.

The local congregation’s plans to construct a new church building upon the property were thwarted by the state church organization, which objected to their construction and financing plans and the terms of the deed. The deed had not been approved by the State Overseer prior to its execution, and failed to include several limitations required by the national organization, including provisions vesting beneficial ownership of the property in the state organization should the local congregation cease to exist or the local trustees fail to perform their duties.

As a result of these conflicts, the State Overseer removed Reverend Marcum from his position as pastor of the Madison Church of God on October 25, 1980 and appointed Reverend Chelsey Noel to replace him. Following the removal of Reverend Marcum, on November 2, 1980 seventeen members of the congregation informed the State Overseer that they were withdrawing their membership from the Madison Church of God and would no longer be affiliated with any part of the Church of God organization. Included in this group of dissidents were the two former trustees, Roger Malcom and Zina Lilly.

On November 3, 1980 the State Overseer appointed as new trustees for the Madison Church of God Reverend Chelsey Noel, Reverend William Starkey and Reverend Tommy Perry. For the sake of clarity, we will [591]*591refer to these trustees as the “successor trustees,” and the first group of trustees as the “former trustees.” The Church of God of Madison will be referred to as the “local church”; the Church of God in West Virginia, its boards and officers, will be called the “state church”; and, the Church of God, Cleveland, Tennessee, its governing bodies and officers, will be referred to as the “general church.”

On November 14, 1980, the Lesters executed a corrective deed to the same property, substituting the successor trustees for the Church of God of Madison as grantees. This second deed also contained the limitations of use and beneficial ownership required by the general church.

The former trustees, joined by Russell G. Lester, then brought a declaratory judgment action in the Circuit Court of Boone County on behalf of the Church of God of Madison, against the successor trustees. The plaintiffs sought to set aside the corrective deed and to require the Lesters to convey the property to them, as the trustees who were in office at the time of the original purchase. As grounds for their relief the plaintiffs alleged misrepresentation, lack of consideration for the second deed, and defects in its execution.

The defendants moved to dismiss the complaint on the grounds that the plaintiffs were no longer trustees nor members of the church, and thus could not bring the action on behalf of the church. They argued that absent its proper trustees, the church was not a proper party. They further contended that the plaintiffs could not be persons interested under the deed, and consequently had no standing to maintain the action as individuals. Finally, the defendants asserted that they were acting as trustees of the church, and therefore could not be sued as individuals.

At the hearing on the motion to dismiss, the trial court found the first deed defective only because it conveyed the property to the church, a non-entity, instead of to the trustees of that church, as required by law. Therefore, the corrective deed should have merely substituted as grantees the trustees who were in office at the time the property was acquired. The court refused to decide who were the proper trustees, or whether the first deed and the restrictions contained in the second deed were valid, stating that those matters were for the church to solve and not the courts. The defendants’ motion to dismiss was denied.

The defendants then filed their answer relying upon the same grounds and seeking a declaration that the corrective deed was valid. The plaintiffs responded by filing a motion for summary judgment. At the hearing on their motion, the court refused to validate the corrective deed because it had changed not only the grantees, but also the content, of the original deed. The court said that the disagreements over who were the proper trustees, and whether the general church’s requirements had been fulfilled in executing the deed, would properly be resolved within the church’s internal organization. On February 10, 1983 the circuit court granted the plaintiffs’ motion for summary judgment, set aside the corrective deed, and ordered that the Les-ters convey the property to the former trustees of the Church of God of Madison.

The defendants now appeal, relying on the same grounds asserted in the lower court. They further contend that the trial court should not have granted the motion for summary judgment because there were several genuine issues of material fact to be resolved by the evidence. Specifically, they argue that the proper church authorities had already determined they were the proper trustees, and the court should have heard evidence on the matter. They seek reversal of the lower court decision and remand for a trial. While we agree with the appellants’ basic contentions, under the facts of this case we do not think that a trial is necessary.

The central issue in this case involves neither standing nor the validity or construction of the subject deeds. Rather it all boils down to the question of who shall have control of this property. The former trustees seek to retain control of the property for the benefit of the disaffiliated members of the local congregation. The successor trustees, on the other hand, [592]*592are trying to regain control of the property for the benefit of the general church which they represent. By granting the plaintiffs’ motion for summary judgment, the circuit court implicitly decided the very question it said it would not decide: Who are the proper trustees of the Church of God of Madison? As this is solely a matter of internal church government, the circuit court had no authority to substitute its judgment for that of the church.

As we held in syllabus point 1 of Board of Church Extension v. Eads, 159 W.Va. 943, 230 S.E.2d 911 (1976):

The power of the civil courts to interfere with the internal operations of churches is severely limited by the First Amendment to the Constitution of the United States as applied to the states by the Fourteenth Amendment, and by West Virginia Constitution, Art.

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Church of God of Madison v. Noel
318 S.E.2d 920 (West Virginia Supreme Court, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
318 S.E.2d 920, 173 W. Va. 589, Counsel Stack Legal Research, https://law.counselstack.com/opinion/church-of-god-of-madison-v-noel-wva-1984.