Rev Dr Marcus L Lovelace v. Mt Zion Baptist Church

Michigan Court of Appeals·Decided July 15, 2026·No. 371028·Unpublished

Opinion

If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports.

STATE OF MICHIGAN

COURT OF APPEALS

REV. DR. MARCUS L. LOVELACE, UNPUBLISHED July 15, 2026 Plaintiff-Appellant, 11:45 AM

v No. 371028 Wayne Circuit Court MT. ZION BAPTIST CHURCH, LC No. 22-005770-CZ CLEOTHA SIMS, JAMES COOLEY, JAMES TWYMAN, and MARGIE BRAXTON,

Defendants-Appellees.

Before: RICK, P.J., and MURRAY and BORRELLO, JJ.

PER CURIAM.

In this employment dispute, plaintiff, the former senior pastor of defendant, Mt. Zion Baptist Church (the church), appeals as of right the trial court’s orders dismissing his case. We affirm.

I. FACTUAL BACKGROUND

This case arises from the church’s decision to terminate plaintiff as its senior pastor. Before plaintiff began his tenure, the church’s executive board, consisting of defendants Cleotha Sims, James Cooley, James Twyman, and Margie Braxton, began searching for a new senior pastor after the position had been vacant for three years. Plaintiff applied, as did several other candidates. Plaintiff alleges that the individual defendants opposed his candidacy and supported another candidate. Nevertheless, the congregation voted to elect plaintiff as senior pastor.

Plaintiff and the church entered into an employment agreement in September 2021. Twyman signed the agreement on behalf of the church as chairman of the deacon board. Cooley, a trustee, also signed the agreement. The agreement included a signature line for Braxton, also a trustee, but she did not sign. Sims was not a signatory. The employment agreement gave plaintiff broad authority to lead the church as the “shepherd and overseer of all day-to-day operations and administration of the church.” The church’s leadership agreed to “work in conjunction with him to accomplish his vision that he has laid out for the growth of the church.” The agreement also

-1- provided that the church could terminate the agreement for cause if plaintiff committed “any serious offense which would constitute a felony under the law.” The agreement further provided that the church could terminate plaintiff’s employment for reasons other than cause following a vote of the church’s members.

The relationship between plaintiff and defendants deteriorated soon after plaintiff began serving as senior pastor. Plaintiff alleged that he discovered irregularities in the church’s finances. Plaintiff also began making changes to the church’s leadership and personnel, which he believed fell within the broad authority granted to him in his employment agreement. At a church service in March 2022, Braxton announced that there would be a special meeting on April 2, 2022, to discuss plaintiff’s alleged abuse of power. The meeting agenda included motions to reverse some of plaintiff’s personnel changes and some of his changes to the church’s financial accounts. At a second meeting on April 9, 2022, the church members present voted to dismiss plaintiff as pastor and cancel his employment contract.

Plaintiff then filed this action. He alleged breach of contract against the church (Count I), intentional interference with contractual relations against the individual defendants (Count II), and defamation and defamation per se against the individual defendants (Count III).

In lieu of an answer, defendants moved for summary disposition of all claims under MCR 2.116(C)(8) (failure to state a claim) and MCR 2.116(C)(10) (no genuine issue of material fact). Defendants argued that the decision to terminate plaintiff was ecclesiastical and that the court could not second-guess the church’s internal decisions. Because all three claims arose from plaintiff’s employment and duties as pastor, defendants argued that the complaint should be dismissed in its entirety under the ecclesiastical abstention doctrine. The trial court entered a written order denying defendants’ motion for summary disposition with prejudice under MCR 2.116(C)(4) (court lacks subject-matter jurisdiction)1 and (C)(8), and denying the motion without prejudice under MCR 2.116(C)(10).

After discovery closed, defendants filed a second motion for summary disposition, this time under MCR 2.116(C)(7) (immunity granted by law) and (C)(10). Defendants again argued that plaintiff’s claims could not be adjudicated by a civil court because they were barred by the ecclesiastical abstention doctrine. Defendants also argued that plaintiff’s exclusive forum to challenge the merits of the termination decision was the April 9, 2022 congregational meeting. At the hearing, the trial court reasoned that the breach-of-contract claim would require the court to decide internal matters of church policy, which it could not do. The court concluded, however, that the tort claims against the individual defendants were not barred by the ecclesiastical abstention doctrine.

The matter was scheduled for trial. Before trial, defendants filed a motion in limine that largely repeated the arguments raised in their summary-disposition motions and asked the court to dismiss Counts II and III under the ecclesiastical abstention doctrine. Regarding tortious

1 Defendants filed a motion for reconsideration arguing, in part, that they did not move for summary disposition under MCR 2.116(C)(4) and so the court should not have included this in its opinion, but the court denied the motion.

-2- interference, the trial court concluded that plaintiff would have to show either a per se wrongful act or a lawful act done with malice and without legal justification. The court further concluded that, even if plaintiff could establish intentional interference, it would have to decide issues concerning the church’s authority, which it once again could not do. The court therefore dismissed Count II. The court also dismissed plaintiff’s defamation claim, reasoning that the statement that plaintiff abused his power was opinion and therefore not actionable. The court further reasoned that the statements were made only during the church meeting held to decide whether plaintiff’s employment should be terminated and were therefore barred from civil review by the ecclesiastical abstention doctrine. Finally, the court concluded that plaintiff was a public figure and that he could not show the requisite malice, and it dismissed the last of plaintiff’s claims. This appeal followed.

II. ANALYSIS

A. STANDARDS OF REVIEW

We review issues of constitutional law de novo. Winkler by Winkler v Marist Fathers of Detroit, Inc, 500 Mich 327, 333; 901 NW2d 566 (2017). We also review de novo the interpretation of a contract. Rory v Continental Ins Co, 473 Mich 457, 464; 703 NW2d 23 (2005).

We likewise review a trial court’s decision to grant or deny a motion for summary disposition de novo. Id. The trial court dismissed Count I of plaintiff’s complaint under MCR 2.116(C)(10). “A motion under MCR 2.116(C)(10) tests the factual sufficiency of the complaint.” Maiden v Rozwood, 461 Mich 109, 120; 597 NW2d 817 (1999). When reviewing a motion brought under MCR 2.116(C)(10), the trial court considers affidavits, pleadings, depositions, admissions, and documentary evidence filed or submitted by the parties in the light most favorable to the nonmoving party. Quinto v Cross & Peters Co, 451 Mich 358, 362; 547 NW2d 314 (1996). If the moving party meets its initial burden, “[t]he burden then shifts to the opposing party to establish that a genuine issue of disputed fact exists.” Id. When the nonmoving party has the burden of proof at trial, it must submit evidence that demonstrates a genuine issue of material fact exists and may not rest on mere allegations or denials in the pleadings. Id. at 362- 363.

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