El Bey v. Moorish Science Temple of America, Inc.

765 A.2d 132, 362 Md. 339, 2001 Md. LEXIS 6
CourtCourt of Appeals of Maryland
DecidedJanuary 9, 2001
Docket37, Sept. Term, 2000
StatusPublished
Cited by33 cases

This text of 765 A.2d 132 (El Bey v. Moorish Science Temple of America, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
El Bey v. Moorish Science Temple of America, Inc., 765 A.2d 132, 362 Md. 339, 2001 Md. LEXIS 6 (Md. 2001).

Opinion

HARRELL, Judge.

On 27 March 1997, the Circuit Court for Prince George’s County issued an interlocutory injunction restraining Fr'ank Lewis El Bey (Petitioner) from referring to himself as an officer, director, agent, or trustee for or of the Moorish Science Temple of America, Inc. (Temple or Respondent), a religious corporation of the State of Illinois. Following a trial held on 17 December 1998, the injunction was made permanent by an order dated 6 January 1999. Petitioner appealed to the Court of Special Appeals asserting that the Circuit Court did not have the authority to resolve a religious dispute, that damages sufficient to merit an injunction were not shown, *343 and that the Court failed to apply the appropriate definition of the term “trustee.” The intermediate appellate court, in a reported opinion, affirmed the Circuit Court, holding that the dispute was resolved properly by the application of neutral, secular principles, that Respondent had suffered and would continue to suffer irreparable harm from Petitioner’s misrepresentations unless such conduct were enjoined, and that the term “trustee” was not a term of legal significance within the contemplation of the Temple’s corporate documents or structure. El Bey v. Moorish Science Temple of America, Inc., 130 Md.App. 543, 561, 747 A.2d 241, 251 (2000).

We granted Petitioner’s Petition for Writ of Certiorari, 1 which posed the following three questions:

2. Whether the Circuit Court and the Court of Special Appeals erred in holding that a religious organization has a judicially-protectible property interest in its name?
1. Whether the Circuit Court and Court of Special Appeals erred in holding that the Courts have subject matter jurisdiction to determine the governance of a religious organization by the application of secular corporate principles notwithstanding the fact that the parties have agreed that the religious dispute cannot be resolved by the application of secular corporate principles; but instead, by the internal religious documents of the religious organization?
3. Whether the Circuit Court and the Court of Special Appeals erred in holding that a person can be enjoined from referring to one’s self as the leader of a religious organization and his stated intention to continue to do so in the future, notwithstanding the fact that the undisputed facts show that the religious organization has not been harmed in any respect whatsoever as a result thereof?

*344 We conclude that a fundamental flaw in the underpinnings of the Circuit Court’s issuance of the injunction is the absence in the record of evidence of irreparable harm or damage meriting the relief granted. Accordingly, we reverse the Court of Special Appeals and remand the case to it with directions to vacate the injunction.

I.

A. Background and Organization of the Moorish Science Temple of America, Inc.

Noble Drew Ali founded the Moorish Holy Temple of Science in 1913 in Newark, New Jersey, as a vehicle to advance the tenets of the Islamic faith, as he viewed them to be, in the United States. He subsequently incorporated the Temple in 1926 under Illinois law as a civic corporation. In 1928, Noble Drew Ali changed the name of the corporation to the Moorish Science Temple of America, Inc., ánd changed the purpose of the organization from civic to religious. Diming his leadership of the Temple, Noble Drew Ali served as the Moderator (the head of the Temple) and also was referred to as the Prophet, a title of religious, but not legal, significance within the corporation. According to the Temple’s articles of incorporation, as well as its constitution and bylaws adopted in 1928, the elected officers who served under the Moderator included the Branch Sheik, the Grand Sheik, and other chairpersons. The Temple’s outposts grew rapidly under Noble Drew Ali’s leadership, with temples established in many states.

Noble Drew Ali died in 1929. During the Temple’s seventh annual national convention in September 1934, it adopted rules and regulations regarding the governance and succession of officers of the Temple. Under these rules, the Moderator position became an elected one known as the Supreme Grand Advisor and Moderator, 2 which continues to be the title used by successive national corporate leaders, including the current *345 one, Robert Love El (Love El), a resident of Prince George’s County, Maryland. Other elected officers are now known as Grand Governors or Governesses, Grand National and Assistant Grand National Secretary, Grand National and Assistant Grand National Treasurer, and Secretary and Treasurer of the related Moorish Manufacturing Company.

B. The Dispute

On 10 September 1996, Petitioner provided to “all Governors, Grand Sheiks and Head Official [sic] of All Temples of America” affiliated with Respondent a memorandum announcing that he was

appointed] as Trustee of the Express Trust created by the Prophet Noble Drew Ali; through fulfillment of that appointment, I have been vested with all authority and power of The Moorish Science Temple of America.... Accordingly, my office as Chief Executive Officer of the [Temple] is effective immediately.... I will appoint by January 8, 1997, an Executive Council (Rulers) of which I will act as Chairman.

Petitioner also stated that “a similar Memorandum will be prepared and circulated among all” members of the Temple. He concluded his announcement by advising the Temple leadership to seek out the aid of an attorney regarding Petitioner’s legal rights as the Temple’s trustee. 3

*346 On 22 January 1997, Respondent 4 petitioned the Circuit Court for Prince George’s County to issue ex parte, interlocutory, and permanent injunctive relief against Petitioner to prohibit him from referring to himself as an officer, director, agent or trustee of the Temple. Respondent, in its complaint, alleged that Petitioner fraudulently was collecting money in the Temple’s name, disseminating false and misleading information about his status as a trustee of the corporation, and attempting to recruit Temple members; this conduct, it argued, would embarrass and tarnish Respondent’s reputation and good name.

On 24 January 1997, the Circuit Court ordered Petitioner, a resident of the District of Columbia, to show cause at a hearing to be held on 7 March 1997 why a temporary restraining order should not issue as requested. Petitioner did not attend the hearing. 5 The court ordered on 26 March 1997 that *347

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Coates v. Charles Cnty. Bd. of Comm'rs
Court of Special Appeals of Maryland, 2025
Doe v. Catholic Relief Services
300 A.3d 116 (Court of Appeals of Maryland, 2023)
Smith v. Westminster Management
Court of Special Appeals of Maryland, 2023
Vaughn v. Faith Bible Church of Sudlersville
241 A.3d 1028 (Court of Special Appeals of Maryland, 2020)
Plank v. Cherneski
231 A.3d 436 (Court of Appeals of Maryland, 2020)
Ademiluyi v. Egbuono
466 Md. 80 (Court of Appeals of Maryland, 2019)
State v. Neiswanger Mgmt. Servs., LLC
179 A.3d 941 (Court of Appeals of Maryland, 2018)
State v. Falcon
152 A.3d 687 (Court of Appeals of Maryland, 2017)
Sieglein v. Schmidt
136 A.3d 751 (Court of Appeals of Maryland, 2016)
Sieglein v. Schmidt
120 A.3d 790 (Court of Special Appeals of Maryland, 2015)
100 Harborview Drive Condominium Council of Unit Owners v. Clark
119 A.3d 87 (Court of Special Appeals of Maryland, 2015)
Schuman v. Greenbelt Homes, Inc.
69 A.3d 512 (Court of Special Appeals of Maryland, 2013)
Gutloff v. State
51 A.3d 775 (Court of Special Appeals of Maryland, 2012)
Yaffe v. Scarlett Place Residential Condominium, Inc.
45 A.3d 844 (Court of Special Appeals of Maryland, 2012)
In Re Checking Account Overdraft Litigation
813 F. Supp. 2d 1365 (S.D. Florida, 2011)
Anderson v. Burson
9 A.3d 870 (Court of Special Appeals of Maryland, 2010)
Davidson v. Seneca Crossing Section II Homeowner's Ass'n
979 A.2d 260 (Court of Special Appeals of Maryland, 2009)
Untitled Texas Attorney General Opinion
Texas Attorney General Reports, 2008
Opinion No.
Texas Attorney General Reports, 2008

Cite This Page — Counsel Stack

Bluebook (online)
765 A.2d 132, 362 Md. 339, 2001 Md. LEXIS 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/el-bey-v-moorish-science-temple-of-america-inc-md-2001.