Cumberland Presbytery of the Synod of the Mid-West v. Branstetter

824 S.W.2d 417, 1992 Ky. LEXIS 28, 1992 WL 24931
CourtKentucky Supreme Court
DecidedFebruary 13, 1992
DocketNo. 90-SC-789-DG
StatusPublished
Cited by3 cases

This text of 824 S.W.2d 417 (Cumberland Presbytery of the Synod of the Mid-West v. Branstetter) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cumberland Presbytery of the Synod of the Mid-West v. Branstetter, 824 S.W.2d 417, 1992 Ky. LEXIS 28, 1992 WL 24931 (Ky. 1992).

Opinion

SPAIN, Justice.

As have so many others, this case presents a dispute among church members over the control of a local church’s property. Here a schism developed between opposing factions in the Wisdom Cumberland Presbyterian Church of Metcalfe County. The origin of this church is reflected in the Minutes of the Cumberland Presbytery dated September 30,1911, which recite that “a new church of eleven members which was organized by Rev. J.L. Kirgan at Dripping [418]*418Spring Schoolhouse in Metcalfe Co., Ky., on August 12, 1911, by the name of Wisdom was taken under the care of this Presbytery under the Constitution of the Cumberland Presbyterian Church, and ruling elder J.T. Ball was enrolled as a representative from the same.” (Record, pp. 126-127). On October 18, 1987, fifty-eight members allied with the pastor voted to withdraw or secede from the Cumberland Presbyterian denomination while twenty-six members voted to remain. Some additional thirty or so active and inactive members were not present or did not vote.

Earlier in the month, at the October 3, 1987, meeting of the Cumberland Presbytery, Respondent Branstetter, the Pastor of the Wisdom Church, requested to be dropped from the roll of ordained ministers of the Presbytery, in consideration of which, pending charges against him were dropped by Presbytery and his resignation was accepted.

At its next meeting following the vote of the congregation of the Wisdom Church, the Cumberland Presbytery took action to dissolve the Session of the local church. It also appointed a Commission to oversee the affairs of the church on behalf of the Presbytery, the Kentucky Synod (now the Synod of the Mid-West), and the Cumberland Presbyterian Church. A new Treasurer and Clerk of Session were appointed by Presbytery’s Commission and the former Church Pastor, Treasurer, and Clerk were requested to turn over to them the funds and records of the church. Upon their refusal, the Presbytery brought suit in December 1987 against them in Metcalfe Circuit Court seeking injunctions to bar the former pastor from preaching and conducting worship services, to require the other defendants to turn over church funds and records, and to bar all of the defendants from exercising any control or right to the real estate and church building of the Wisdom Cumberland Presbyterian Church.

Following a hearing on motions for temporary injunctions in December 1987, a half-day bench trial in March 1989, and the filing of written briefs by counsel, the trial judge entered an Order and Judgment on June 5, 1989, denying injunctive relief to the plaintiff Presbytery and granting the “majority congregation of the Wisdom Church” the use and control of the church property and funds. Upon appeal by the Presbytery, the Court of Appeals stated that it could not say that the trial court’s decision was clearly erroneous “[bjased on the conflicting evidence before [it],” and accordingly it affirmed. We granted discretionary review and now reverse.

The system of government of the Cumberland Presbyterian Church, like other denominations that constitute the Presbyterian family of Reformed churches, is comprised of four courts or judicatories. In ascending order beginning at the local or “particular” church level, they are the Session, the Presbytery, the Synod, and the General Assembly. These bodies are representative democracies wherein elders or presbyters, both lay and clergy, represent the congregations or judicatories who elect them as officers or delegates. In this sense, the churches in these denominations are connectional or hierarchical as contrasted with congregational or independent churches, such as Baptist churches. Further, they are not episcopal, having no bishops; nor are they prelatical, having no ecclesiastics of superior rank and authority to other ministers.

The Cumberland Presbyterian Church is governed by a written Constitution in addition to a Confession of Faith, Rules of Discipline, and a Directory for Worship.

For more than one hundred years, courts usually resolved disputes concerning control of church property by reliance upon principles established by the U.S. Supreme Court in the case of Watson v. Jones, 80 U.S. 679, 13 Wall. 679, 20 L.Ed. 666 (1872). Interestingly enough, that case pitted against each other two rival groups claiming to represent the Third or Walnut Street Presbyterian Church in Louisville. The Federal trial court entered judgment in favor of the plaintiffs, representing over 115 members of the local church who had been declared by the General Assembly of the Presbyterian Church of the United States to be the true and only Walnut Street Pres[419]*419byterian Church of Louisville. The defendants, who represented a faction of approximately thirty former members of said church, had seceded and withdrawn and sought possession of the church property, claiming to be the true members and officers of the church.

In affirming the trial court, the Supreme Court applied what has become known as the “compulsory deference rule,” appropriate in cases of property acquired in any of the usual modes for the general use of a religious congregation which is itself part of a large and general organization of some religious denomination, with which it is more or less intimately connected by religious views and ecclesiastical government. The opinion stated as follows:

The case before us is one of this class, growing out of a schism which has divided the congregation and its officers, and the presbytery and synod, and which appeals to the courts to determine the right to the use of the property so acquired. Here is no case of property devoted forever by the instrument which conveyed it, or by any specific declaration of its owner, to the support of any special religious dogmas, or any peculiar form of worship, but of property purchased for the use of a religious congregation, and so long as any existing religious congregation can be ascertained to be that congregation, or its regular and legitimate successor, it is entitled to the use of the property. In the case of an independent congregation we have pointed out how this identity, or succession, is to be ascertained, but in cases of this character we are bound to look at the fact that the local congregation is itself but a member of a much larger and more important religious organization, and is under its government and control, and is bound by its orders and judgments. There are in the Presbyterian system of ecclesiastical government, in regular succession, the Presbytery over the session or local church, the Synod over the Presbytery, and the general assembly over all. These are called, in the language of the church organs, “judicatories,” and they entertain appeals from the decisions of those below, and prescribe corrective measures in other cases.
In this class of cases we think the rule of action which should govern the civil courts, founded in a broad and sound view of the relations of church and state under our system of laws, and supported by a preponderating weight of judicial authority is, that, whenever the questions of discipline or of faith, or ecclesiastical rule, custom or law have been decided by the highest of these church judicatories to which the matter has been carried, the legal tribunals must accept such decisions as final, and as binding on them, in their application to the case before them.

Id. at 80 U.S. 726-727. (Emphasis added.)

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Bluebook (online)
824 S.W.2d 417, 1992 Ky. LEXIS 28, 1992 WL 24931, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cumberland-presbytery-of-the-synod-of-the-mid-west-v-branstetter-ky-1992.