Schmidt v. Catholic Diocese of Biloxi

18 So. 3d 814, 2009 Miss. LEXIS 427, 2009 WL 2960706
CourtMississippi Supreme Court
DecidedSeptember 17, 2009
Docket2008-CA-00416-SCT
StatusPublished
Cited by78 cases

This text of 18 So. 3d 814 (Schmidt v. Catholic Diocese of Biloxi) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schmidt v. Catholic Diocese of Biloxi, 18 So. 3d 814, 2009 Miss. LEXIS 427, 2009 WL 2960706 (Mich. 2009).

Opinions

WALLER, Chief Justice,

for the Court.

¶ 1. One hundred and fifty-seven former parishioners of the St. Paul Catholic Church in Pass Christian (“Plaintiffs”) filed suit in the Chancery Court of Harrison County against the Catholic Diocese of Biloxi, Inc., Most Reverend Thomas J. Rodi, as Bishop and President of the Biloxi Diocese, and Reverend Dennis Carver, individually and as pastor of St. Paul Church (hereinafter collectively “Church Defendants”). Plaintiffs sought declaratory and injunctive relief after Bishop Rodi effectively closed the St. Paul Church, which had been damaged in Hurricane Katrina. Plaintiffs asserted, in part, that Bishop Rodi held the St. Paul property in trust for the members of the St. Paul Church, that any financial contributions designated for reconstruction of the church were held in trust for that particular purpose, that Church Defendants had violated said trusts, and that Father Carver had made misrepresentations in soliciting donations for the rebuilding efforts. The chancellor dismissed Plaintiffs’ claims with prejudice, finding that the court lacked subject matter jurisdiction based on the church autonomy doctrine of the First Amendment to the United States Constitution. Plaintiffs now file this appeal.1 We affirm in part, and reverse and remand in part.

FACTS & PROCEDURAL HISTORY

¶ 2. The St. Paul Catholic Church was established in 1847 in Pass Christian, by the Roman Catholic Church. The Roman Catholic Church is a hierarchical church, meaning that local churches are subordinate members of the general church, which maintains ultimate authority or control. See Watson v. Jones, 80 U.S. 679, 722-27, 13 Wall. 679, 20 L.Ed. 666 (1871). The St. Paul campus expanded throughout the years, including the establishment of an elementary school. According to latest estimates, its congregation numbered approximately 700 members.

¶ 3. On August 29, 2005, Hurricane Katrina ravaged the Mississippi Gulf Coast. The storm caused extensive damage to the St. Paul property. St. Paul’s gymnasium and the St. Paul Catholic Elementary School essentially were destroyed. The actual church building was also damaged, although the extent of the damage is disputed by the parties. Plaintiffs insist that [819]*819the church remains structurally sound, that many of its sacred articles were unharmed, and that repair costs should be less than $2.5 million. Church Defendants maintain that the church and its most sacred places were “destroyed in large part.” According to Church Defendants:

[ T]he altar of God[,] where the miracle of the Eucharist is celebrated!,] was damaged!,] and the tabernacle!,] which is the repository where the Holy Eucharist ... is kept, was damaged. A dedicated Catholic Church loses its blessing, and thus, is no longer a Catholic Church, if it is destroyed in large part. Canon 1212 [of the Code of Canon Law of the Roman Catholic Church] states, “Sacred places lose their dedication or blessing if they have been destroyed in large part.... ”

Because of this damage, Church Defendants claim that St. Paul ceased to be a Catholic church on August 29, 2005.

¶ 4. On November 27, 2005, Bishop Rodi issued a decree merging the St. Paul and Our Lady of Lourdes Parishes to form a new parish called the Holy Family Parish. The decree stated that the Holy Family Parish would maintain two church edifices, St. Paul Church and Our Lady of Lourdes Church. The decree also provided that “[i]n accordance with canon 121, Holy Family Parish obtains the goods and patrimonial rights proper to Saint Paul Parish and Our Lady of Lourdes Parish as well as the obligations with which they were burdened .... ” Pursuant to this decree, plans were initiated to rebuild the St. Paul Church, and donations were solicited and given for that purpose. More than one year later, on March 13, 2007, Bishop Rodi issued a second decree announcing that Our Lady of Lourdes would be the only church in the Holy Family Parish. This decision effectively closed the doors of the St. Paul Church. According to Father Carver, this decision was made because of a shortage of priests, and because Our Lady of Lourdes Church, unlike St. Paul, is located in a non-flood-zone area.

¶ 5. The future use of the St. Paul property remains unclear. Plaintiffs assert that Church Defendants intend to renovate the church and convert it into a community center, a public monument, or a memorial edifice. Church Defendants, however, claim that no decision has been reached as to what will be done with the property.

¶ 6. A number of St. Paul’s former parishioners, including some of the Plaintiffs in the subject case, filed a canonical appeal through the Roman Catholic Church’s ecclesiastical tribunals. On November 30, 2007, the Vatican issued a decree which stated that Bishop Rodi had acted in accordance with the requirements and procedures set forth under canon law.

¶ 7. As the canonical appeal process was pending, on May 1, 2007, Plaintiffs filed a thirty-five-page complaint in the Harrison County Chancery Court against Church Defendants, seeking declaratory and in-junctive relief, an accounting, and damages. Plaintiffs specified eleven prayers for relief, which may be summarized as follows:

1) Requested adjudication of whether Church Defendants hold the St. Paul property in trust for the benefit of Plaintiffs, and whether Church Defendants breached such duty by failing to properly maintain the church in the aftermath of Hurricane Katrina, and by converting the property for a secular use, i.e., a community center, without Plaintiffs’ consent/approval.
2) Requested adjudication of whether insurance proceeds stemming from property damage as a result of Hurricane Katrina, and donations made for the specific purpose of St. Paul’s [820]*820reconstruction, are held in trust and must be used exclusively for rebuilding efforts.
3) Requested an accounting from August 29, 2005, of all contributions made to St. Paul Church.
4) Requested a determination as to whether Father Carver made intentional misrepresentations by soliciting donations to rebuild St. Paul, while having personal knowledge that the decision not to rebuild already had been made.

Plaintiffs further sought an injunction to prevent Church Defendants from converting the St. Paul property into a community center, or “selling, encumbering, and/or conveying” any portion of the St. Paul property, without Plaintiffs’ approval.

¶ 8. On June 4, 2007, Church Defendants filed their answer and defenses, with a motion to dismiss for lack of subject matter jurisdiction. In their motion to dismiss, Church Defendants asserted that the chancery court lacked subject matter jurisdiction based on the church autonomy doctrine of the First Amendment, which prohibits civil courts from reviewing internal church disputes that involve matters of church governance, faith, and doctrine. Kedroff v. St Nicholas Cathedral, 344 U.S. 94, 116-17, 73 S.Ct. 143, 97 L.Ed. 120 (1952). For support, Church Defendants attached an affidavit from Bishop Rodi, in which he discussed certain provisions of canon law. On June 15, 2007, this Court entered an order appointing Judge Thomas L. Zebert as special judge to preside over the matter.

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Bluebook (online)
18 So. 3d 814, 2009 Miss. LEXIS 427, 2009 WL 2960706, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schmidt-v-catholic-diocese-of-biloxi-miss-2009.