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

747 A.2d 241, 130 Md. App. 543, 2000 Md. App. LEXIS 34
CourtCourt of Special Appeals of Maryland
DecidedMarch 3, 2000
Docket6269, Sept. Term, 1998
StatusPublished
Cited by2 cases

This text of 747 A.2d 241 (El Bey v. Moorish Science Temple of America, Inc.) is published on Counsel Stack Legal Research, covering Court of Special 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., 747 A.2d 241, 130 Md. App. 543, 2000 Md. App. LEXIS 34 (Md. Ct. App. 2000).

Opinion

*547 ADKINS, Judge.

In this case we examine the parameters of a court’s authority to resolve a dispute regarding the internal operations of a religious organization. We must decide whether the Circuit Court for Prince George’s County erred in issuing an injunction against Frank Lewis El Bey, appellant, based on a complaint by the Moorish Science Temple of America, Inc. (the “Corporation”), appellee, seeking to enjoin appellant from holding himself out as an officer, director, agent or trustee of the Corporation. For the reasons that follow, we see no error, and affirm the decision of the trial court.

FACTS AND LEGAL PROCEEDINGS

Appellee is a religious corporation organized and incorporated in 1928 under the laws of the State of Illinois. Its founder, Noble Drew Ali, filed articles of incorporation with the appropriate department of the State of Illinois. In the articles, he designated certain named individuals as “sheiks,” to serve in lieu of trastees. The Constitution and Bylaws, adopted in 1928, provided that the Grand Sheik and Chairman of the Corporation had the “power to make law and enforce laws with assistance of the Prophet[ 1 ] and Grand Body of the Moorish Science Temple of America.”

In 1934, after the death of Drew Ali, the Corporation adopted rules and regulations for governance and succession of officers in the organization. These were embodied in a document titled “Rules and Regulations of the Moorish Science Temple of America and the Moorish Holy Temple of Science” as set forth by “The Grand Body at the Seventh Annual Convention held at ... Chicago, Illinois, from September 15th to the 20th, 1934” (“Regulations”). The Regulations designated fifteen persons as officers, including a “Supreme Grand Advisor and Moderator,” “Grand Governors” of several *548 temples located in several different states, a treasurer, secretary and others.

The Regulations provided that: (1) “All Offices shall be declared vacant during each Annual Convention, which shall be held from September 15 th to the 20 th (inclusive) each year;” (2) “no one shall serve in an office after an Annual Convention unless he or she has been duly elected or reelected to such office,” and (3) “no official is eligible to fill an office unless he has proper Credentials; same having been issued by the Supreme Grand Advisor.” The Regulations also declared that “[t]he assemblage of the representatives of the various Temples through-out the United States; said assemblage being on the date set forth [herein] may be termed ‘The Grand Body’ or ‘The Grand Major Temple.’” The Regulations further provided that “[t]he Supreme Grand Advisor and Moderator alone shall issue Charters, Ordination Papers and Credentials.” The Corporation continued to operate and be governed by these Regulations from 1934 to the present.

On September 10, 1996, appellant sent a written memorandum (“Announcement”) to “All Governors, Grand Sheiks and Head Official [sic] of All Temples of America” announcing, inter alia, that he had been

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 Moorish Science Temple of America, Inc. is effective immediately.... I will appoint by January 8, 1997, an Executive Council (Rulers) of which I will act as Chairman.

In his written notification, appellant also stated that “a similar Memorandum will be prepared and circulated among all” members of the Corporation. He advised the recipients of the Announcement to “consult with your attorney concerning the issue of the trust ... or The Corporation’s attorney, to get an informed, legal opinion and understanding of the trustor, trustee, and trust.”

*549 On January 24, 1997, the Corporation filed a complaint seeking ex parte, interlocutory and permanent injunctions against appellant. Specifically, the Corporation sought to enjoin appellant from referring to himself as an officer, director, agent or trustee of the Corporation. Appellee alleged that appellant was fraudulently collecting money in the name of the Corporation, disseminating false and misleading information about his status as a trustee of the Corporation, and attempting to recruit others from the church base with the intent to cause the Corporation embarrassment and to tarnish its reputation and good name.

The circuit court issued the ex parte injunction based on the complaint and supporting documents. The court also issued a show cause order and set a hearing date.

When appellant did not appear at the hearing on March 26, 1997, the court issued an interlocutory injunction that enjoined appellant “from referring to himself as an officer, director, agent or trustee for or of’ the Corporation during the pen-dency of the case. Appellant’s first pleading in the case was a motion to dissolve the interlocutory injunction filed on April 25, 1997. After a trial on the merits on January 6, 1999, the court granted a permanent injunction against appellant, “restraining and enjoining him from representing himself as an agent, officer and/or trustee for or of the Moorish Science Temple of America, Inc.” This appeal was timely noted.

DISCUSSION

Appellant asks us to decide: 1) whether the circuit court had authority to resolve the religious dispute presented in light of the First Amendment to the United States Constitution; 2) whether the requisite likelihood of damage to appellee in order to justify an injunction against appellant was demonstrated; and 3) whether the court, in ordering the injunction, failed to properly apply the term “trustee” in the sense the term was used by appellant.

*550 I.

The circuit court had authority to resolve this legal dispute involving a religious organization.

Appellant first argues that the circuit court lacked authority to resolve the dispute presented because of its ecclesiastical nature. We disagree that the conflict is purely ecclesiastical and hold that the order issued by the circuit court addressed only the secular aspects of the dispute between the parties, which were resolved by neutral, secular principles.

i.

General Principles

It is well established that generally courts have no authority to resolve religious disputes. See Mount Olive African Methodist Episcopal Church of Fruitland, Inc. v. Board of Incorporators of the African Methodist Episcopal Church Inc., 348 Md. 299, 309, 703 A.2d 194 (1997). “ ‘Such matters “must be left with the authorities of the church or denomination who have the power ... to consider and determine upon them.” ’ ” Id. (quoting Polen v. Cox, 259 Md. 25, 31-32, 267 A.2d 201 (1970), in turn quoting Shaeffer v.

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Related

Bourne v. Center on Children, Inc.
838 A.2d 371 (Court of Special Appeals of Maryland, 2003)
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765 A.2d 132 (Court of Appeals of Maryland, 2001)

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Bluebook (online)
747 A.2d 241, 130 Md. App. 543, 2000 Md. App. LEXIS 34, Counsel Stack Legal Research, https://law.counselstack.com/opinion/el-bey-v-moorish-science-temple-of-america-inc-mdctspecapp-2000.