Veltman v. DeBoer

118 N.W.2d 808, 264 Minn. 248, 1962 Minn. LEXIS 853
CourtSupreme Court of Minnesota
DecidedDecember 7, 1962
DocketNo. 38,608
StatusPublished
Cited by1 cases

This text of 118 N.W.2d 808 (Veltman v. DeBoer) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Veltman v. DeBoer, 118 N.W.2d 808, 264 Minn. 248, 1962 Minn. LEXIS 853 (Mich. 1962).

Opinions

Murphy, Justice.

Plaintiffs bring this appeal from an order of the district court denying their alternative motion for amended findings of fact and conclusions of law or a new trial. They also appeal from an order of the trial court denying their subsequent motion for a new trial on the ground of newly discovered evidence.

This case is a sequel to Protestant Reformed Church v. Tempel-man, 249 Minn. 182, 81 N. W. (2d) 839, which involved an action by three members of the local consistory of the Protestant Reformed Church of Edgerton against a majority of four members arising out of a doctrinal dispute. In that action the minority group, who are plaintiffs and appellants in this case, sought to enjoin the majority from holding themselves out as the governing body of the church and to require them to turn the church property over to the minority. We there denied the relief sought, holding that the three dissenting members, who attempted to declare themselves the true consistory of the church and to depose the majority, were premature in their action and would be required to pursue appeals to higher church orders before commencing the action.

By their complaint in this case the minority group alleges that the majority wrongfully withholds possession of the church property; that they have elected to affiliate with the Christian Reformed Church, a faith and order contrary to the Protestant Reformed Church; and that the majority now proposes to sell the church property. The minority asks that the defendants be restrained from holding themselves out as elders and deacons of the Protestant Reformed Church of Edger-ton and that they be enjoined from executing deed of conveyance to the church property.

The answer denies that the plaintiffs are members in good standing of the Protestant Reformed Church of Edgerton and alleges that they have withdrawn and seceded from that church and have organ[250]*250ized themselves into a separate and independent religious group, and that they are “total strangers to this action with no right of action whatever.”

The difficulties which gave rise to this and other litigation involving the Protestant Reformed Church of America grew out of a doctrinal dispute between Rev. Hubert DeWolf and Rev. H. H. Hoeksema, two ministers of the church. The history and circumstances of the dispute, which has divided the Protestant Reformed Church of America into two or more factions, are discussed in various court decisions, including First Protestant Reformed Church v. DeWolf, 344 Mich. 624, 75 N. W. (2d) 19, and First Protestant Reformed Church v. DeWolf, 358 Mich. 489, 100 N. W. (2d) 254, as well as the Tempelman case. The plaintiff-appellants, who represent the minority members of the consistory of the Edgerton church, adhere to the doctrinal beliefs held by Rev. Hoeksema. The defendant-respondents, who represent the majority of the consistory, have adhered to the doctrinal beliefs of Rev. DeWolf. In the interest of clarity the parties will be referred to as the DeWolf and Hoeksema factions.

The hierarchy of the church, as established and existing in 1953 when the Tempelman case arose, consisted of three levels of ruling bodies which were authorized to deal with ecclesiastical matters. In ascending authority they were the consistory, which is comprised of the deacons and elders of the local church; the classis, which is composed of delegates from the various consistories; and the synod, which is comprised of delegates from the classis. The classis was divided into two bodies — Classis East, which was comprised of delegates from the consistories of churches located east of the Mississippi River, and Classis West, which was comprised of delegates from consistories of churches located west of the Mississippi River.

It appears that article 31 of the Church Order of the Protestant Reformed Church of America provides:

“If anyone complain that he has been wronged by the decision of a minor assembly, he shall have the right to appeal to a major ecclesiastical assembly, and whatever may be agreed upon by a majority vote shall be considered settled and binding, unless it be proved- to conflict [251]*251with the Word of God or with the articles of the church order, as long as they are not changed by a general synod.”

This article comprehends that parties aggrieved by a decision of the consistory may appeal to the classis and then to the general synod. We gather from the record that the schism left the Protestant Reformed Church of America divided, as a result of which its established hier-archal authority disintegrated and each group set up its own juridical structure.

By the findings the trial court determined that the Hoeksema group in September 1953 employed a new minister and began holding services in a separate hall, apart from the Edgerton church property. It was further found that the DeWolf faction, which remained in possession of the property, was unable to support the church and that since December 1958 religious services on the church property have been suspended. The findings recite that the DeWolf faction has now decided to disband and join the Christian Reformed Church. This faction proposes to sell the church property to the Presbyterian Church of Edgerton and, as the findings indicate, intends to turn the money over to “the general Synod of the Protestant Reformed Church of America” and “said proposal has been approved by Classis West and the general Synod.” The trial court held that the DeWolf faction not only had the right to control of the property of the Edgerton church but that it further had “the right to sell it if they see fit; that plaintiffs [the Hoeksema group] have no actionable interest in said property.”

From the confused record three significant events appear to have occurred since our decision in the Tempelman case. The first, of course, is the decision of the DeWolf group to sell the church property to the Presbyterian Church of Edgerton for $32,500. The second is the action of the DeWolf faction in appealing to a so-called synod, the membership of which is composed of its own adherents. This body, convened at Grand Rapids, Michigan, waived action by the classis, and considered the application of the Edgerton consistory. In June 1959 an “advice” was published stating “that Synod express that Edger-ton has the right to acquire, control and dispose of any or all of its [252]*252property as it deems fit.” A suggested amendment specifying that this right to deal with property was subject to the provisions of the articles of incorporation was defeated, and nothing was said as to what should be done with the proceeds of the sale. The third event relates to action by the minority or so-called Hoeksema faction. It appears that that group convened a classis composed of its own adherents at Doon, Iowa, on September 20, 1961. That body issued “advice” determining that the Hoeksema group and their successors in office constitute the regular consistory of the Edgerton Protestant Reformed Church. This decision was confirmed by action of a synod composed of Hoek-sema adherents meeting at Grand Rapids, Michigan, on June 18, 1962. Obviously, neither faction recognizes the authority of the other.

The trial court apparently assumed that the DeWolf group, being a majority of the consistory in control of the property, was permitted to act upon the proposed sale pursuant to sanction by the particular hierarchal authority which it recognized.

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Bluebook (online)
118 N.W.2d 808, 264 Minn. 248, 1962 Minn. LEXIS 853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/veltman-v-deboer-minn-1962.