Marsaw v. Richards

857 N.E.2d 794, 368 Ill. App. 3d 418
CourtAppellate Court of Illinois
DecidedSeptember 22, 2006
Docket1-04-2902
StatusPublished
Cited by4 cases

This text of 857 N.E.2d 794 (Marsaw v. Richards) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marsaw v. Richards, 857 N.E.2d 794, 368 Ill. App. 3d 418 (Ill. Ct. App. 2006).

Opinion

JUSTICE GALLAGHER

delivered the opinion of the court:

Reminiscent of the Israelites’ flight from Egypt, this ongoing dispute over the leadership and control of the Bethlehem Healing Temple Church, Inc., in Chicago has followed an arduous and contorted path. We previously remanded to the trial court for consideration of plaintiffs’ complaint after concluding the issues raised did not involve an impermissible inquiry into religious doctrine. On remand, plaintiffs amended their complaint, and after a bench trial, the court ordered an election of new directors of the church, at which some of the plaintiffs were selected.

This case is now before this court for a third time. Defendants, who represent one faction of church members, again contend that the trial court violated the church’s autonomy under the first amendment to the United States Constitution by determining the church’s membership and by further intruding on matters of church governance. For the reasons that follow, we affirm the judgment of the trial court.

BACKGROUND

Plaintiffs Roosevelt Marsaw, Chester Hudson, Clarence Brownlow, Loncie McCray, Eugene Price, George Gibson and Clord Jordan represent one faction of the congregation of the Bethlehem Healing Temple Church, located at 12 South Oakley in Chicago. Defendants Marcenia Richards, Lela Walker, Marie Oliver, Michael Morris and A.C. Richards, Jr., represent an opposing group of congregants. This dispute over the church’s leadership arose after the August 2001 death of Bishop A.C. Richards (the father of defendants Marcenia and A.C. Richards, Jr.). 1 The Marsaw group accused Bishop Richards of misusing about $70,000 in church funds for personal expenses between 1999 and 2001.

The trial court granted defendants’ motion to dismiss plaintiffs’ complaint pursuant to section 2 — 619 of the Code of Civil Procedure (735 ILCS 5/2 — 619 (West 2000)), stating that it could not interfere in a religious dispute. Plaintiffs appealed that ruling to this court. This court remanded the case to the trial court, holding that the trial court should make factual findings and that it could apply a “neutral principles” analysis to determine which group should control the church, without necessarily touching on religious considerations.

On remand, plaintiffs amended their complaint to include three counts. In count I, the Marsaw group alleged that Marsaw, Hudson, Brownlow, McCray and Price were the lawful directors of the church and sought a declaratory judgment stating, inter alia, that the Richards group lacked authority over church affairs and should account for church property. The complaint alleged that Marsaw was the only surviving member of the church’s original board of directors and that in 2003, he “filled the vacancies in the board by electing Hudson, Brownlow, McCray and Price as directors.” Count II, which was pled in the alternative, sought an election of directors of the church, with the roster of eligible voters to include those “generally recognized as church members.” Count III sought an order granting the Marsaw group possession of the church and access to church records and funds.

The court held a two-week bench trial at which the parties presented testimony about how pastors and members of the board of directors had been selected over the years. The church was incorporated in 1980 under the Illinois General Not for Profit Corporation Act (805 ILCS 105/101 et seq. (West 2002)). In 1984, the church members elected A.C. Richards as pastor to succeed the late Charles Poole, who had also been chosen in an election. The church members who voted in the 1984 election were those who made contributions, or tithes, to the church and who were “baptized in Jesus’ name and filled with the Holy Ghost,” in the words of numerous witnesses at trial.

In 2000, Richards’ health began to decline. During the same period, the church building began to deteriorate. More than one witness for the Marsaw group testified that although members of the congregation contributed to the church’s building fund, Richards told them no money was available to make repairs and that additional funds would have to be raised for that purpose. Richards began to lose the loyalty and support of the congregation. Richards appointed the defendants to the board of directors in July 2000.

In May 2001, a group of 212 church members voted 192 to 20 to remove Richards as pastor. 2 Before Richards died in August 2001, he appointed his daughter Marcenia to succeed him as pastor. After Richards’ death, church members who were loyal to Richards continued to lead the services. Some of the plaintiffs and those in the Marsaw faction of the congregation intervened, and arguments and physical confrontations erupted which led to police being called to the church. The majority of the congregation, including plaintiffs, began to hold church services elsewhere.

Witnesses offered differing testimony as to how members of the church’s board of directors were selected. A.C. Richards, Jr., testified that board members were chosen “by appointment, recommendation and experience.” Marie Oliver testified that the elder Richards appointed her to the board in 2000. Oliver stated that although the articles of incorporation state that board members are to be elected by church members, that practice was not followed. Some church members testified that despite being active in the church, they did not know that the church’s corporate structure called for the election of directors.

Regarding church membership, Marcenia Richards testified that was a “purely religious matter” to be determined by the pastor. However, when she was asked, somewhat hypothetically, how she would know if someone was a member of the church, she replied that she would have to review that person’s church attendance and a record of his or her contributions.

In 2003, church members received notice of an election of a board of directors, which Marsaw oversaw and at which Marsaw, Hudson, Price, McCray and Brownlow were elected. (According to plaintiffs’ brief, Marsaw appointed those individuals in February 2003 and called for a churchwide election in July 2003 at which those candidates were elected by the membership. The Marsaw group contends on appeal that despite the court-ordered election that immediately preceded this appeal, the 2003 board is the properly constituted board.) In 2004, another election was held in similar fashion at which the first four of those five were reelected, with James Ketchum chosen in place of Brownlow.

At the close of evidence, the Marsaw group argued that instead of creating a hierarchical structure for the church under the Religious Corporation Act (805 ILCS 110/0.01 et seq. (West 2002)), Poole had formed the church as a not-for-profit corporation. The Marsaw group asserted that the 1980 articles of incorporation governed and that under the “special provisions” to the articles, annual meetings were to be held on the second Tuesday of July “for the purpose of electing directors.”

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

Related

Lancaster v. United Parcel Service, Inc.
2023 IL App (2d) 220368-U (Appellate Court of Illinois, 2023)
In re Marriage of Carstens
2018 IL App (2d) 170183 (Appellate Court of Illinois, 2018)
Kern v. Arlington Ridge Pathology, S.C.
Appellate Court of Illinois, 2008

Cite This Page — Counsel Stack

Bluebook (online)
857 N.E.2d 794, 368 Ill. App. 3d 418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marsaw-v-richards-illappct-2006.