Turner v. Tri-County Baptist Church of Cincinnati

2018 Ohio 4658, 122 N.E.3d 603
CourtOhio Court of Appeals
DecidedNovember 19, 2018
DocketNO. CA2018-03-050
StatusPublished
Cited by7 cases

This text of 2018 Ohio 4658 (Turner v. Tri-County Baptist Church of Cincinnati) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Turner v. Tri-County Baptist Church of Cincinnati, 2018 Ohio 4658, 122 N.E.3d 603 (Ohio Ct. App. 2018).

Opinions

HENDRICKSON, J.

{¶ 1} Plaintiff-appellant, Barry Turner, appeals the judgment of the Butler County Court of Common Pleas, granting defendants-appellees' motion to dismiss for lack of subject matter jurisdiction pursuant to Civ.R. 12(B)(1).

{¶ 2} Turner is an ordained minister who was employed by defendant-appellee, Tri-County Baptist Church of Cincinnati ("TCBC") for more than 35 years. TCBC is organized as a non-profit corporation in Ohio and has its principal place of business in Butler County. Defendant-appellee, Brian McManus, is an ordained minister and head pastor at TCBC. McManus became head pastor in 2011. During his tenure as head pastor, McManus asked Turner to retire; however, Turner did not wish to retire. In 2015, McManus placed Turner on a performance improvement plan known as a Performance Growth Initiative. This placement occurred under a threat of immediate termination for any deficiency. Turner was subjected to various forms of harassment for over a year while placed on the Performance Growth Initiative, including verbal abuse and misrepresentations about him.

{¶ 3} McManus ultimately presented Turner with an ultimatum. Turner could *605either accept a part-time position at a significantly reduced salary or retire. Turner reluctantly accepted the part-time position. McManus misrepresented this choice to church staff as voluntary. During a meeting with church staff, Turner responded negatively to a question regarding whether he voluntarily chose to accept the part-time position. McManus replied, "wrong answer" and informed Turner there would be adverse consequences for not informing the congregation at the Family Meeting that he voluntarily accepted the position. When asked at the congregational Family Meeting if he was presented with the above ultimatum, Turner responded affirmatively. Following the Family Meeting, McManus informed the church deacons that he could no longer work with Turner, effectively ending Turner's ministry, as TCBC placed Turner on administrative leave. On January 31, 2017, TCBC terminated Turner's ministry. During the period of administrative leave, McManus damaged Turner's relationships with TCBC members by describing him as a liar.

{¶ 4} Prior to the termination of his ministry, Turner provided TCBC with 60 days' notice that he would be relinquishing his pastorate. The TCBC Constitution provides that if a pastor provides such written notice of his intent to leave and if, thereafter, the church for any reason relieves him of his duties, he shall receive two months' salary at his regular rate.

{¶ 5} Turner filed a complaint alleging claims of breach of contract against TCBC, defamation against McManus, and age discrimination against both appellees. TCBC and McManus moved to dismiss the claims pursuant to Civ.R. 12(B)(1) and (6). The trial court dismissed the claims for lack of subject matter jurisdiction.

{¶ 6} On appeal, Turner concedes the trial court lacked jurisdiction over his age discrimination claim, but asserts the trial court erred in dismissing his breach of contract and defamation claims.

{¶ 7} Sole Assignment of Error:

{¶ 8} THE TRIAL COURT ERRED IN GRANTING DEFENDANTS' MOTION TO DISMISS.

{¶ 9} Turner contends his breach of contract and defamation claims are secular in nature and not inextricably intertwined with ecclesiastical issues; therefore, the trial court erred in dismissing the claims for lack of subject matter jurisdiction.

{¶ 10} Appellees moved to dismiss Turner's complaint pursuant to Civ.R. 12(B)(1) and (6) asserting that the trial court lacked jurisdiction, or in the alternative, Turner failed to state a claim upon which relief could be granted. The trial court granted the motion to dismiss based on Civ.R. 12(B)(1), finding that it lacked subject matter jurisdiction pursuant to the ecclesiastical abstention doctrine.

{¶ 11} We conduct a de novo review of a trial court's decision on a motion to dismiss a complaint for lack of subject matter jurisdiction pursuant to Civ.R. 12(B)(1). Bla-Con Indus. v. Miami Univ. , 12th Dist. Butler No. CA2006-06-127, 2007-Ohio-785, 2007 WL 572359, ¶ 7. This review involves a determination of whether the complaint raised any cause of action cognizable by the forum in which it was filed. Id.

{¶ 12} It is well-established that civil courts lack jurisdiction to hear or determine purely ecclesiastical or spiritual disputes of a church or religious organization. Tibbs v. Kendrick , 93 Ohio App.3d 35, 40-41, 637 N.E.2d 397 (8th Dist.1994), citing Watson v. Jones , 80 U.S.(13 Wall.) 679, 20 L.Ed. 666 (1871). This is known as the ecclesiastical abstention doctrine. Harrison v. Bishop , 6th Dist. Lucas, 2015-Ohio-5308, 44 N.E.3d 350, ¶ 19. The doctrine is a *606recognition that all who unite themselves to such a body, i.e., a church, do so with an implied consent to its government and are bound to submit to it. Ohio Dist. Council, Inc. v. Speelman , 12th Dist. Butler, 2016-Ohio-751, 47 N.E.3d 954, ¶ 19. "It is of the essence of these religious unions, and of their right to establish tribunals for the decision of questions arising among themselves, that those decisions should be binding in all cases of ecclesiastical cognizance, subject only to such appeals as the organism itself provides for." Id.

{¶ 13} "Ohio appellate courts have fashioned the ecclesiastical abstention doctrine into a two-part test to determine whether a court has subject matter jurisdiction over a church dispute." Harrison at ¶ 41, citing Bhatti v. Singh , 148 Ohio App.3d 386, 2002-Ohio-3348, 773 N.E.2d 605, ¶ 25 (12th Dist.). First, the court must determine whether the church is a hierarchical or congregational church. Tibbs

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Turner v. Tri-County Baptist Church of Cincinnati
2018 Ohio 4658 (Ohio Court of Appeals, 2018)

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Bluebook (online)
2018 Ohio 4658, 122 N.E.3d 603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turner-v-tri-county-baptist-church-of-cincinnati-ohioctapp-2018.