Steve Gaskins, Roland Smith, Mike Manfredi, Kevin Elwell and Adam Jeantet v. McLean Bible Church

CourtCourt of Appeals of Virginia
DecidedJune 13, 2023
Docket1074224
StatusUnpublished

This text of Steve Gaskins, Roland Smith, Mike Manfredi, Kevin Elwell and Adam Jeantet v. McLean Bible Church (Steve Gaskins, Roland Smith, Mike Manfredi, Kevin Elwell and Adam Jeantet v. McLean Bible Church) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Steve Gaskins, Roland Smith, Mike Manfredi, Kevin Elwell and Adam Jeantet v. McLean Bible Church, (Va. Ct. App. 2023).

Opinion

COURT OF APPEALS OF VIRGINIA UNPUBLISHED

Present: Chief Judge Decker, Judges AtLee and Friedman Argued at Fredericksburg, Virginia

STEVE GASKINS, ROLAND SMITH, MIKE MANFREDI, KEVIN ELWELL AND ADAM JEANTET MEMORANDUM OPINION* BY v. Record No. 1074-22-4 JUDGE FRANK K. FRIEDMAN JUNE 13, 2023 MCLEAN BIBLE CHURCH

FROM THE CIRCUIT COURT OF FAIRFAX COUNTY David Bernhard, Judge

Rick Boyer (Integrity Law Firm, PLLC, on briefs), for appellants.

Timothy J. Taylor (Brandon H. Elledge; Caitlin A. Eberhardt; Holland & Knight LLP, on brief), for appellee.

Steve Gaskins, Roland Smith, Mike Manfredi, Kevin Elwell, and Adam Jeantet

(“appellants”) challenge the Circuit Court of Fairfax County’s order finding that the breach of

contract claim raised in appellants’ second amended complaint is moot, granting McLean Bible

Church’s (“MBC”) plea in bar, and dismissing the complaint with prejudice.

BACKGROUND1

Appellants are members of MBC, a nondenominational church in Vienna, Virginia.

MBC has a constitution that governs, as relevant here, the requirements of church membership

and the procedures for electing MBC’s governing body, the Board of Elders (the “Board”).

* This opinion is not designated for publication. See Code § 17.1-413. 1 Where no evidence is taken in support of a plea in bar, “the facts stated in the plaintiff’s [complaint] are deemed true.” Massenburg v. City of Petersburg, 298 Va. 212, 216 (2019) (alteration in original) (quoting Lostrangio v. Laingford, 261 Va. 495, 497 (2001)). Under MBC’s constitution, the Board consists of at least six elders, who are elected to three-year

terms at MBC’s annual June congregational meeting. The elders serve staggered terms such that

one-third of the Board is elected each year.

According to the MBC constitution, any active member who is at least 16 years old may

vote. Inactive members are those members who have not attended church services for eight

consecutive weeks “without reasonable excuse.” It is the Board’s responsibility to make

decisions regarding MBC’s membership rolls. Inactive members may not vote or hold office.

Before seeking election to the Board, one must be nominated by an active MBC member.

A six-member nominating committee appointed by the Board then considers whether each

nominee meets the qualifications to be an elder. The Board separately considers the

qualifications of each nominee approved by the nominating committee and submits to the

congregation a list of final nominees at least two weeks before the June congregational meeting.

Any nominee receiving 75% or more of the votes cast at the June meeting becomes a

member of the Board. If fewer than six of the nominees exceed 75% of the vote, the Board

“shall submit additional nominations to the congregation for approval within ninety (90) days,”

and the Board “shall be required to convene a congregational meeting and request a vote of

confidence” should the new slate of elders also fail to receive at least 75% of the vote. Should

the Board not receive at least 75% of the confidence vote, the congregation selects a new

nominating committee to nominate a new Board for congregational approval.

The controversy in this case involves the June 2021 Board election and its aftermath.

Although it determined that a large number of nominees were qualified to serve as elders, the

Board “submitted only three handpicked candidates” at the June 2021 meeting. According to the

operative second amended complaint,2 despite having “no practical means to determine that a

2 Appellants first filed a complaint against MBC in July 2021. -2- member has missed eight consecutive weeks” and the suspension of in-person worship services

due to COVID-19, the Board “purge[d] members by designating them ‘inactive’ on an arbitrary

basis, with no record that the members had missed eight consecutive Sundays, and without

investigation into whether the members had ‘reasonable excuse.’” The Board also “required a

large number of members to cast ‘provisional’ ballots” at the June 2021 election. The Board did

so, the complaint claimed, “with the sole intent of predetermining the outcome of the election.”

Elwell and Jeantet were among those told they could not vote due to their inactive status. The

Board’s nominees failed to obtain the required 75% of the congregational vote at the June

election.

The Board nominated the same three candidates for a vote in July 2021 and announced

that members would no longer be permitted to vote by secret ballot. At the July 2021 election,

the Board required Elwell and Jeantet to submit provisional ballots. This time, the Board’s

nominees exceeded 75% of the vote and joined the Board.

Appellants filed suit, alleging that the constitution was a contract between MBC and its

members and that MBC breached that contract by denying some of its members the voting rights

to which they were entitled.3 Appellants requested injunctive relief: (1) ordering the Board to

conduct all future elections by secret ballot; (2) declaring the 2021 election invalid and ordering

a new election for the three elder positions; (3) ordering the Board to submit to a vote of

confidence should the new nominees not receive 75% of the vote; (4) requiring the Board to

allow any members on MBC’s active roll as of March 1, 2020, to vote in the new election;

(5) prohibiting voting by any members added to MBC membership rolls after the July 2021

3 Appellants also alleged estoppel and waiver with respect to their breach of contract count, as well as a separate fraud count. The circuit court dismissed without leave to amend the fraud count and the estoppel and waiver portion of the breach of contract count. Appellants do not appeal that decision. -3- election; (6) providing vote tabulations to the congregation; (7) appointing a special

commissioner to oversee the election; and (8) disclosing to the congregation the names of all

persons placed on inactive status or removed from the membership roll after January 1, 2021.

After about ten months of litigation, MBC crafted a “Plan for Lawsuit Resolution” (the

“plan”) establishing procedures for the June 2022 Board election. Under the plan, the three

disputed 2021 elders would resign their positions and stand for reelection alongside three new

nominees. The election would be conducted by secret ballot and any active member—including

members who were on MBC’s active roll as of March 1, 2020—would be allowed to vote

provided they “before God still claim[ed] to be an active member of” MBC. If the nominees

received under 75% of the vote, MBC pledged to follow the constitutional procedures,

“including a vote of confidence contingency.” MBC announced a special congregational

meeting in May 2022 to vote on whether to approve the plan, “as well as voting on new

members.” Notifications of this meeting and the June meeting were sent by email to MBC’s

active membership database. The congregation approved the plan at the May meeting with over

84% of the vote. All six elder nominees received over 75% of the vote at the June 2022 meeting.

Following the June 2022 election, MBC filed a plea in bar asserting that the case was

now moot. MBC attached to their plea in bar a copy of the plan and a chart showing the results

of the June 2022 election. MBC’s chart indicated that all six nominees would have received over

75% of the vote even if all new members who had been admitted in May 2022 had been

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Steve Gaskins, Roland Smith, Mike Manfredi, Kevin Elwell and Adam Jeantet v. McLean Bible Church, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steve-gaskins-roland-smith-mike-manfredi-kevin-elwell-and-adam-jeantet-vactapp-2023.