Johnson v. Thomas

788 S.E.2d 124, 337 Ga. App. 857, 2016 WL 3453038, 2016 Ga. App. LEXIS 368
CourtCourt of Appeals of Georgia
DecidedJune 23, 2016
DocketA16A0386
StatusPublished

This text of 788 S.E.2d 124 (Johnson v. Thomas) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Thomas, 788 S.E.2d 124, 337 Ga. App. 857, 2016 WL 3453038, 2016 Ga. App. LEXIS 368 (Ga. Ct. App. 2016).

Opinion

RAY, Judge.

This appeal involves a dispute over church property between the national Christian Methodist Episcopal Church (“CME”)1 and the trustees, pastor, and former members of Bethel Christian Methodist Episcopal Church (jointly hereinafter referred to as “Bethel Church”), a local subordinate church of CME that has sought to disaffiliate from CME and has retained control over the church property.2 At issue is whether the church property is impressed with a trust in favor of CME. After an evidentiary final hearing,3 the trial court ruled that, under the terms of the Book of Discipline of the Christian Methodist Episcopal Church (“Book of Discipline”), the property and church building claimed by Bethel Church was held in trust on behalf of CME. Bethel Church appeals from that order, arguing that the trial [858]*858court did not properly consider the language of the deed that transferred the church property to Bethel Church in relation to other specific facts. We affirm the trial court.

In its petition, CME asserts that it is a hierarchical “religious denomination [, which] is organized and functions solely as a connec-tional church with subordinate governing districts and location church[es,]”4 and it alleged that for over 100 years, Bethel Church has been “a subordinated, connectional member of the national CME church,” which is “subject to the mode of church government set forth in the CME Book of Discipline.”5

Evidence presented at the final hearing shows that Bethel Church has been affiliated with CME since at least the 1960s; abided by CME policies and customs; accepted the pastorate and literature of CME ministers; paid conference assessments and dues to CME; and participated as a subordinate member of CME at annual and quarterly conferences.

On March 13, 1996, a quitclaim deed was executed by C. C. Ranch, Inc., a Florida corporation, which conveyed the property upon which Bethel Church and its cemetery resides to “Beulah Johnson, Solomon McCrary, Marion Shannon, Lucille Ezell, and Thomas Howard as the Trustees of Bethel Church and to their successors in office (Bethel Church being an unincorporated religious association) of Crawford County, Georgia, their successors, heirs, executors, administrators [,] and assigns[.]” Cynthia Howard, Bethel Church’s former secretary, testified that Bethel Church existed on that property prior to the execution of the 1996 deed and that the congregation had sought to acquire a deed to the property because they needed it to secure financing from a local bank to repair the church building. Howard explained that the Bethel Church congregation had requested that the lawyers drafting the deed use language indicating that the property would remain with Bethel Church and that they did not want the church property “to go back into the hands of the CME organization because ... we were the purchasers of the land [and CME] didn’t give us money towards purchasing it.” After the deed was executed, Bethel Church then secured bank financing to construct an attached fellowship hall, paint the church, and to purchase additional pews and furniture. Oscar Hall, a former minister of Bethel Church, testified that the 1996 deed was drafted because the presiding elder of CME had asked the church to do so upon discovering that [859]*859no deed to the property existed. After the execution of the 1996 deed, Bethel Church continued to operate as a member church of the national CME.

In January 2011, the majority of the Bethel Church congregation voted to adopt a resolution severing Bethel Church’s affiliation with the national CME. The resolution was to be retroactive to January 1, 2011. J. W. Vincent Jefferson, a member of Bethel Church, explained that the congregation voted to do so because its congregation, consisting of only 30 members, simply could not afford to pay the biannual CME assessment fees and that the congregation felt like CME “didn’t know who we were, [and] have never done anything for the church.” He further noted that the pastors provided by CME for Bethel Church were not adequate and, despite this, the congregation still had to pay each pastor’s salary. Jefferson explained that the Bethel Church building was “deteriorating” and that they did not have the funds to repair the building, meet the church’s financial obligations and pay CME assessments. Because of these issues, Jefferson believed that Bethel Church would no longer exist if it had remained a member of CME. Subsequent to the resolution terminating their affiliation with CME, Bethel Church passed a separate resolution changing its name to Bethel Independent Church of Crawford County.

On January 9, 2013, CME filed its petition for declaratory judgment and injunctive relief, alleging that pursuant to the Book of Discipline that the Bethel Church property was held in trust for CME, which is “the legal and equitable owner” of the property. The petition alleged that, regardless of the names of the grantees on the 1996 deed conveying the property to Bethel Church, the Bethel Church members were wrongfully exercising control over the property because it was held in trust for CME by the church members as trustees according to CME’s Book of Discipline.

After the evidentiary hearing, the trial court ruled in favor of CME. In its order, the trial court noted that it relied upon the “neutral principles of law” that govern the dispute, including the CME Book of Discipline, to determine that local churches, such as Bethel Church, hold title to any property, real or personal, in an implied trust for the national CME. As a result, the trial court held that Bethel Church had only “ ‘permissive use’ of the property, and its trustees have continually held the property in trust for the benefit of the National CME.” The trial court then held that the members of Bethel Church were banned from, inter alia, interfering with CME’s use of the Bethel Church property, threatening or harassing CME church members, or using the properties or money of CME in violation of its rules and disciplines.

[860]*860On appeal, Bethel Church argues that the trial court’s judgment was in error because it did not consider the fact that the language of the 1996 deed conveyed the property to Bethel Church trustees only and sought to exclude the national CME.

We certainly are mindful that a civil court is not allowed to intervene in doctrinal disputes within a church. However, where a dispute regarding church property can be resolved without regard to doctrinal disputes, a civil court is authorized to render a decision that enforces the legal rights of the parties. Rector, Wardens and Vestrymen of Christ Church in Savannah v. Bishop of the Episcopal Diocese of Ga., 305 Ga. App. 87, 88 (699 SE2d 45) (2010). A hierarchical church, such as CME, is “organized as a body with other churches having similar faith and doctrine with a common ruling convocation or ecclesiastical head.” (Punctuation and footnote omitted.) Id. When resolving property disputes between a national hierarchical church and a local church,

we must use neutral principles of law to determine whether the local church or parent church has the right to control local property. Neutral principles of law include state statutes, corporate charters, relevant deeds, and the organizational constitutions and bylaws of the denomination.

(Punctuation and footnotes omitted.) Id.

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Cite This Page — Counsel Stack

Bluebook (online)
788 S.E.2d 124, 337 Ga. App. 857, 2016 WL 3453038, 2016 Ga. App. LEXIS 368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-thomas-gactapp-2016.