Lippard v. Diamond Hill Baptist Church

821 S.E.2d 246, 261 N.C. App. 660
CourtCourt of Appeals of North Carolina
DecidedOctober 2, 2018
DocketNo. COA18-302
StatusPublished
Cited by5 cases

This text of 821 S.E.2d 246 (Lippard v. Diamond Hill Baptist Church) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Lippard v. Diamond Hill Baptist Church, 821 S.E.2d 246, 261 N.C. App. 660 (N.C. Ct. App. 2018).

Opinion

TYSON, Judge.

*660Barry and Kim Lippard ("Plaintiffs") appeal from an order dismissing their lawsuit against Diamond Hill Baptist Church ("Defendant"). We affirm.

I. Background

Plaintiffs filed a complaint for declaratory judgment against Defendant on 8 December 2016, to seek a judicial declaration of whether they remained active members of Defendant-church. Plaintiffs alleged they had been members of the church for thirty-five years. In 2013, Plaintiffs filed a complaint against Defendant, the senior minister of the church, and the minister of music, alleging they had defamed Plaintiffs to the other members of the church community. Lippard v. Holleman , --- N.C. App. ----, 798 S.E.2d 812, 2017 WL 1629377 at *1 (unpublished), appeal dismissed , 370 N.C. 70, 803 S.E.2d 625 (2017). While those claims were still active, Plaintiffs filed a second action with almost identical issues and facts in 2015. Id. at *2.

*661Subsequent to the filing of the 2013 complaint, Defendant claimed a vote was taken and Plaintiffs were removed as members of the church. Plaintiffs assert no votes were ever taken, and Defendant did not comply with the church constitution and bylaws in attempting to remove Plaintiffs as members. Plaintiffs also claim they were never informed of their removal as members in writing, nor were they given an opportunity to address the church community concerning their removal.

In answer to an interrogatory from the 2015 complaint, a church member stated a vote had been taken during a meeting held on 22 December 2013, wherein the members unanimously voted to remove Plaintiffs from church membership. Plaintiffs sought documentation of the alleged vote.

Defendant filed a motion to dismiss pursuant to N.C. Gen. Stat. § 1A-1, Rules 12(b)(1) and 12(b)(6) on 30 March 2017. After a hearing *248on Defendant's motion, the trial court filed a written order to dismiss Plaintiffs' claim. The court cited its lack of subject matter jurisdiction because Plaintiffs' status of membership in the church was a "core ecclesiastical matter." Plaintiffs timely appealed.

II. Jurisdiction

An appeal of right lies with this Court pursuant to N.C. Gen. Stat. § 7A-27(b)(1) (2017).

III. Issues

Plaintiffs assert their status of membership in the church is not a core ecclesiastical matter and argue the trial court erred by granting Defendant's motion to dismiss.

IV. Standard of Review

When considering a Rule 12(b)(1) motion to dismiss, a trial court "need not confine" its inquiry to the pleadings, but "may review or accept any evidence, such as affidavits, or it may hold an evidentiary hearing." Smith v. Privette , 128 N.C. App. 490, 493, 495 S.E.2d 395, 397 (1998) (citation omitted). "If the evaluation is confined to the pleadings, the court must accept the plaintiff's allegations as true, construing them most favorably to the plaintiff." Id.

"We review a motion to dismiss for lack of subject matter jurisdiction pursuant to Rule 12 of the North Carolina Rules of Civil Procedure de novo. " Burgess v. Burgess , 205 N.C. App. 325, 327, 698 S.E.2d 666, 668 (2010).

*662V. Analysis

Courts should not and may not become entangled in purely ecclesiastical matters involving a church, but can resolve civil law matters which may arise from a church controversy. Tubiolo v. Abundant Life Church, Inc. , 167 N.C. App. 324, 327, 605 S.E.2d 161, 163 (2004). Ecclesiastical matters include those

which concern[ ] doctrine, creed, or form of worship of the church, or the adoption and enforcement within a religious association of needful laws and regulations for the government of membership, and the power of excluding from such associations those deemed unworthy of membership by the legally constituted authorities of the church[.]

Id. (emphasis supplied) (citation omitted).

To determine whether an issue is an ecclesiastical matter, "[t]he dispositive question is whether resolution of the legal claim requires the court to interpret or weigh church doctrine." Privette , 128 N.C. App. at 494, 495 S.E.2d at 398. If the inquiry does not involve such interpretation, then neutral principles of civil law may be applied to resolve the issue. Id.

This Court has previously held "[m]embership in a church is a core ecclesiastical matter." Tubiolo , 167 N.C. App. at 328, 605 S.E.2d at 164. Plaintiffs point to a later section of Tubiolo , identifying church membership as a property interest, which gives the courts some jurisdiction over the issue. Id. at 329, 605 S.E.2d at 164.

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821 S.E.2d 246, 261 N.C. App. 660, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lippard-v-diamond-hill-baptist-church-ncctapp-2018.