Fluker Community Church v. Hitchens

405 So. 2d 1223, 1981 La. App. LEXIS 5220
CourtLouisiana Court of Appeal
DecidedOctober 12, 1981
DocketNo. 14340
StatusPublished
Cited by1 cases

This text of 405 So. 2d 1223 (Fluker Community Church v. Hitchens) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fluker Community Church v. Hitchens, 405 So. 2d 1223, 1981 La. App. LEXIS 5220 (La. Ct. App. 1981).

Opinion

WATKINS, Judge.

This is a suit for a permanent injunction to prevent the building of a church on land in Fluker, Tangipahoa Parish, which plaintiff, Fluker Community Church, an unincorporated association, contends that it owns. Made defendants are the African Methodist Episcopal Church (A.M.E.), a religious corporation organized under the laws of Pennsylvania, the Rev. Simon Hookfin, the local A.M.E. minister and B. F. Hitchens, the Presiding Elder of A.M.E., who resides in Orleans Parish. The trial on the granting of a permanent injunction was treated by the trial judge and all parties as a trial on a petitory action, involving title to two adjoining tracts of property in Fluker, which we will call for purposes of this decision Tract I and Tract II, respectively. The trial court found title to both Tracts was in Plaintiff, and granted the permanent injunction.

Tract I was donated by Fluker Farms, Inc. to Board of Trustees, Fluker Colored Community Church by act of donation dated October 10, 1952. The act of donation contained the following language, “[t]his donation is made to the Board of Trustees of the church now or to be hereafter located upon the property herein donated, regardless of its organizational affiliations, although at present same is affiliated with the African Methodist Episcopal Church. . . ."

Tract II was acquired by “Fluker Chapel A.M.E. Church” from Fluker Farms, Inc. by “credit deed” dated October 1, 1969.

The church building of the church congregation has stood on Tract I since shortly before or shortly after the execution of the 1952 act of donation.

The congregation was formed around 1900 by the black community in Fluker. Although it originally had no affiliation with any sect or denomination, it soon began receiving its ministers from A.M.E. Since it first received ministers, it has never received a minister from any other denomination. The congregation paid assessments to A.M.E. on a regular basis, and it styled itself both “Fluker Community Church” and “Fluker Chapel A.M.E. Church”, the names being used interchangeably. Its members attended meetings of the representatives of the A.M.E. Church.

Some years after 1969 the local members became dissatisfied with the A.M.E.’s fail[1225]*1225ure to maintain and repair the local building and property. After the local church had submitted several complaints to A.M.E. through its Quarterly Conference and the •Bishop, a meeting was called to consider severing all ties with A.M.E. Notice of the meeting was given by posting and distributing handbills in the community. The handbills stated that the “Purpose of the meeting is to decide whether this church is to remain in the A.M.E. Association or whether it will withdraw from same and become an independent church.” The handbills further stated that voting at the meeting would be “limited to those persons domiciled within the Fluker Community geographical area and being 12 years of age or older.”

The meeting was held on September 23, 1979. Voting took place through physically standing and voting for or against withdrawing from A.M.E. and signing sheets of paper voting for or against that withdrawal. A majority in the standing vote voted to withdraw form A.M.E. On the sheets of paper, 61 signed in favor of withdrawing from A.M.E. and 3 voted against withdrawing.

The local congregation sent a letter to A.M.E. notifying it of its intention to be independent. The few members remaining loyal to A.M.E. continued to meet and receive the pastor appointed by A.M.E. In February of 1980, A.M.E. began the construction of the church on Tract II which precipitated the filing of the present suit.

Under the First Amendment to the United States Constitution granting religious freedom, we cannot decide in favor of one doctrine, belief, or ritual as opposed to another. Jones v. Wolf, 443 U.S. 595, 99 S.Ct. 3020, 61 L.Ed.2d 775 (1979). However, the present dispute involves solely administrative control, and does not involve doctrine, belief, or ritual, so far as we can determine from the record. In any event, the case will be decided solely on the question of title and administrative control, and we will abide by the Constitutional admonition not to concern ourselves with doctrine, faith, belief, ritual, or liturgy.

Under the most recent Louisiana landmark case on the question of control of a religious congregation, Katz v. Singerman, 127 So.2d 515, 241 La. 103 (1961), the rule is set forth, based on prior decisions of Louisiana courts, that in a religious denomination having independent religious congregation, the will of the majority shall control, while in a religious denomination having a central or hierarchical structure, the local congregation, regardless of the will of the local majority, shall be bound by the rules of the central hierarchical structure. So long as the courts do not enforce religious ritual or belief, the Katz analysis, which is also the analysis adopted in many other states, is still the law of this state, and we will apply this analysis to the facts presented by this case.

The A.M.E. is a hierarchical religious organization, having bishops and a central national, or international, structure. Its local congregations are not independent religious bodies, but are subject to rules of the general A.M.E., which are embodied in a set of documents collectively bound in a single volume known as The Book of Discipline. The Book of Discipline contains no provision permitting withdrawal of a local congregation from the central A.M.E., and we therefore assume that such withdrawal is not permitted under the rules of the A.M.E. In any event, the record is replete with implications that such a withdrawal is forbidden by A.M.E.

The local congregation attempted to withdraw from A.M.E. The local congregation, it is true, was originally independent. However, soon after its formation around 1900 it began to receive ministers from A.M.E., and has never received ministers from any other denomination. It styled itself alternately and interchangeably “Fluker Community Church” and “Fluker Chapel A.M.E. Church”. It paid assessments to A.M.E. It sent delegates to A.M.E. meetings. It is thus clear that it was an A.M.E. congregation. Indeed, the handbill and vote were couched in terms of “withdrawing” from A.M.E. It is thus apparent that a prior affiliation was admitted [1226]*1226by the proponents of disaffiliation themselves.

The act of sale (“credit deed”) for Tract II was to “Fluker Chapel A.M.E. Church”. The terms of the deed itself thus indicate an affiliation with A.M.E. A.M.E. is a hierarchical religious body. As the act of sale indicates a desire on the part of the vendees that the congregation be and remain affiliated with A.M.E., and as the hierarchical organization, the A.M.E., did not permit withdrawal, the subsequent attempted withdrawal could not vest title in the withdrawing majority. The will of the hierarchical organization prevails under the Katz dichotomy regardless of the will of the congregational majority, where the congregations are not independent. The portion of the congregation remaining loyal to A.M.E., however small in number and however they may style themselves, must have title to Tract II. Thus, the trial court erred in enjoining the defendants from building a new church on Tract II, and in finding that plaintiffs owned Tract II.

Tract I presents a different situation.

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Related

Fluker Community Church v. Hitchens
419 So. 2d 445 (Supreme Court of Louisiana, 1982)

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Bluebook (online)
405 So. 2d 1223, 1981 La. App. LEXIS 5220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fluker-community-church-v-hitchens-lactapp-1981.