Clay v. Illinois District Council of Assemblies of God Church

657 N.E.2d 688, 212 Ill. Dec. 487, 275 Ill. App. 3d 971
CourtAppellate Court of Illinois
DecidedOctober 31, 1995
Docket4-95-0149
StatusPublished
Cited by20 cases

This text of 657 N.E.2d 688 (Clay v. Illinois District Council of Assemblies of God Church) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clay v. Illinois District Council of Assemblies of God Church, 657 N.E.2d 688, 212 Ill. Dec. 487, 275 Ill. App. 3d 971 (Ill. Ct. App. 1995).

Opinion

PRESIDING JUSTICE KNECHT

delivered the opinion of the court:

Plaintiffs Garnett Clay, Donald Clay, Florence Klein, Nadine Klunk, Charles Manley, Shirley Kirby, and Grace Manley appeal the trial court’s grant of summary judgment for defendants Illinois District Council of the Assemblies of God Church (Illinois District Council), Ernest Moen and C. Dale Edwards, trustees, and Jeffrey Senger, William Senger, and Marsha Senger. We affirm.

In March 1955, the trustees of the Grafton Assembly of God Church (Grafton Assembly) received a deed to certain real estate in Grafton, Illinois. Title to the real estate was in the names of the trustees and their successors in office. In March 1963, the Grafton Assembly became affiliated with the Illinois District Council with headquarters in Springfield, Illinois, and the General Council of the Assemblies of God Church (General Council) with headquarters in Springfield, Missouri. In becoming affiliated with these organizations, the Grafton Assembly adopted a constitution and bylaws. The constitution declares:

"Article II. RIGHTS
Section 1. This assembly shall have the right to govern itself according to the standards of the New Testament Scriptures!.] ***
Section 2. In connection therewith it shall have the right to purchase or acquire by gift, bequest or otherwise, either directly or as trustee, and to own, hold in trust, use, sell, convey, mortgage, lease or otherwise dispose of any real estate or chattels as may be necessary for the furtherance of its purposes; all in accordance with its constitution and bylaws or as the same may be hereafter modified or amended.
Article III. AFFILIATION
While maintaining its inherent rights to sovereignty in the conduct of its own affairs, this assembly shall voluntarily enter into full cooperative fellowship with assemblies of like precious faith associated in the Illinois District Council, and the [General Council], with headquarters in Springfield, Illinois!,] and Springfield, Missouri!,] respectively!,] and shall share in the privileges and assume the responsibilities enjoined by that affiliation.
* * *
Article XI. PROPERTY
All property of the assembly shall be deeded to the assembly and held by the Official Board and their successors in office. No property of the assembly shall be sold, leased, or mortgaged or otherwise disposed of without the same shall have first recommended by a vote of at least two-thirds of the voting membership who are in attendance at a regular meeting or a special meeting of the assembly which has been called for the consideration of the proposal. The Pastor and Secretary of the assembly shall certify in such conveyance, lease or mortgage, that the same has been duly authorized and recommended by a vote of the assembly. Such certificate shall be held to be conclussive [sic] evidence thereof.”

The bylaws of the Grafton Assembly declare:

"Article VI. PROPERTY RIGHTS
Section 1. In the event that the assembly herein mentioned ceases to function as an Assemblies of God Church, then the said property, real or chattel, shall revert to the Illinois District Council of the Assemblies of God, Inc., whose headquarters are located at Springfield, Illinois. The Illinois District Council of the Assemblies of God shall forthwith have full authority to use or dispose of the property at their discretion. In the event of the sale of the property by the Illinois District Council of the Assemblies of God, Inc., the proceeds derived therefrom shall be used by the said District Council in furtherance of the gospel of Christ.”

The constitution of the Illinois District Council states:

"ARTICLE VII. RELATIONSHIPS
$ji * *
3. To Local Assemblies
The local churches of the District, which are in full fellowship with the District, shall recognize and be subject to the District Council as set forth in Article XI.
* * *
ARTICLE XI. LOCAL ASSEMBLIES
Section 1. Affiliated Assemblies
b. We recognize that each affiliated assembly has the right to self-government!.] *** It shall have the right to acquire, hold, and dispose of its property in its own right in its corporate name as a self-governing unit.
d. If for any reason the membership of the sovereign assembly shall decrease to the point where the active membership roll is less than twelve members, it shall be advised that they surrender their authority as a sovereign assembly, and shall be classified as a dependent assembly, under District Supervision.”

The bylaws of the Illinois District Council declare:

"ARTICLE VIII. WORLDS MISSIONS
* * *
Section 3. Administration and Policy
* * *
f. Official Board and Advisory Committees
(1) In Home Missions or district supervised churches, an Advisory Committee may be appointed by the pastor and ratified by the official board. The sectional executive committee and the district executive officers shall serve as the official board of all district[-]supervised churches.”

In 1979, membership in the Grafton Assembly fell to eight. As a result, the Grafton Assembly became a "district!-] supervised church” in 1980. Because the Grafton Assembly was now a district-supervised church, the official board of the Grafton Assembly became the sectional executive committee (Presbytery Board) and the president and secretary of the Illinois District Council, pursuant to the bylaws of the Illinois District Council. In September 1989, at a regular meeting of the Presbytery Board, it voted to close the Grafton Assembly and sell its personal and real property. The church building was closed in the summer of 1991, and in October 1991, the Illinois District Council conveyed the real estate to Jeffrey Senger, William Senger, and Marsha Senger as tenants in common.

In January 1992, plaintiffs, apparently the remaining members of the Grafton Assembly, brought suit against defendants asking the trial court to void the transfer of the real estate. Plaintiffs alleged they were the true successors in office to the original title holders, and so the Illinois District Council was without authority to convey the real estate. Defendants filed a motion for summary judgment.

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Bluebook (online)
657 N.E.2d 688, 212 Ill. Dec. 487, 275 Ill. App. 3d 971, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clay-v-illinois-district-council-of-assemblies-of-god-church-illappct-1995.