White v. BD. OF DIRECTORS OF ST. ELIZABETH

974 So. 2d 164, 2008 WL 80690
CourtLouisiana Court of Appeal
DecidedJanuary 9, 2008
Docket42,903-CA
StatusPublished
Cited by4 cases

This text of 974 So. 2d 164 (White v. BD. OF DIRECTORS OF ST. ELIZABETH) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
White v. BD. OF DIRECTORS OF ST. ELIZABETH, 974 So. 2d 164, 2008 WL 80690 (La. Ct. App. 2008).

Opinion

974 So.2d 164 (2008)

Murphy J. WHITE, Plaintiff-Appellant,
v.
BOARD OF DIRECTORS OF ST. ELIZABETH BAPTIST CHURCH, et al., Defendant-Appellees.

No. 42,903-CA.

Court of Appeal of Louisiana, Second Circuit.

January 9, 2008.

*165 Murphy J. White & Assoc. by Murphy J. White, Mansfield, for Appellant.

R. Lane Pittard, Benton, for Appellees.

Before BROWN, PEATROSS and MOORE, JJ.

MOORE, J.

Murphy J. White appeals a judgment that rejected his claims for declaratory judgment, injunctive relief and damages, and that further appointed a special master and ordered the defendants, the board of directors of St. Elizabeth Baptist Church, to hold a directors' election. For the reasons expressed, we affirm.

Factual Background

This is the third suit by Murphy White, an attorney appearing pro se, seeking to remove Moses Hughes as pastor of St. Elizabeth, a nonprofit corporation domiciled in Mansfield, Louisiana. The first suit, filed in April 2005 and seeking injunctive relief, was dismissed on an exception of no cause of action and not appealed. The second suit, filed in May 2005 and seeking to nullify allegedly ultra vires acts and obtain injunctive relief, was also dismissed on exceptions of no cause of action. This court affirmed in an unpublished opinion, *166 White v. Hughes, 40,864 (La.App. 2 Cir. 5/17/06), 929 So.2d 297 (table).

The instant suit, filed in June 2006, recited a litany of accusations against Rev. Hughes. Specifically, Hughes charged lumber at Ivey Lumber on the church's account, without authority and for his personal use; he stole money from the collection pan and removed furniture from the church; he brought a guest speaker to the church, a Mr. Granville, representing him as a California lawyer when in fact he was not a lawyer; he brought a guest preacher to St. Elizabeth, a Rev. Howard, who brandished a knife from the pulpit and threatened to cut anybody who "messed with" Hughes; he solicited the congregation to give him $1,000 to buy into a pyramid scheme; and he ran up outstanding arrest warrants for criminal nonsupport and NSF checks. Despite this damning conduct, the church's board of directors never took up White's motion to terminate Hughes. In fact, the board held a meeting in December 2005, authorizing an additional person to sign checks on the church's account and paying Hughes for providing music at two services; however, only eight of the 12 board members were present, and White was adamant that the four absent members, who had been vocal in calling for Hughes's ouster, never received notice of the meeting.

White sought diverse relief: (1) a declaration that the described conduct was ultra vires and the transactions null and void; (2) a declaration enjoining Hughes from committing similar acts in the future; (3) a declaration that the board mismanaged the corporation; (4) an injunction barring Hughes from serving as pastor of St. Elizabeth; (5) a judgment ordering the church secretary, Donald Davenport, to refund all money disbursed to Hughes or others for his ultra vires transactions; (6) general damages for the board's breach of fiduciary duties; (7) general and special damages for Hughes's ultra vires acts; (8) a reservation of rights to submit the file to law enforcement authorities; and (9) general and equitable relief.

Hughes filed an exception of no cause of action on grounds that he was not a member of the board. The district court sustained it, and White has not appealed this partial final judgment. The board filed exceptions of res judicata, no cause of action, and vagueness, which the court denied.

The matter came to trial in March 2007. The witnesses related, in great detail, each event chronicled in the petition. Two board members aligned with Hughes, Walter White and Charlie Dinkins, insisted that Murphy White, as well as all board members wishing to oust Hughes, received proper notice of meetings. The church's secretary and clerk, Donald Davenport, also insisted that proper notice was sent to all board members, but admitted he did not personally send notices. These witnesses were generally noncommittal about the allegations against Hughes. They said they "heard about" the unauthorized charges at Ivey Lumber, but they were not convinced this was illegal since Hughes was trying to initiate an outreach program and needed supplies. They seemed generally willing to forgive their pastor's shortcomings, and Davenport stated directly that it was in the church's best interest to retain Hughes as pastor.

Two witnesses were aligned with Murphy White: Rutha White and Robert White. Ms. Rutha, Murphy White's sister and the church's former assistant secretary, testified that the charges at Ivey Lumber, though small (totaling under $100), were illegal, and the church had no outreach program. Robert White, Murphy White's father, insisted he did not receive notice of the December 2005 board *167 meeting and, in his view, that meeting was illegal. He felt it was against the peace and dignity for a guest preacher to brandish a knife in the sanctuary. He added that whenever the subject of Hughes was broached, tensions flared and on one occasion a board meeting had to be dissolved because of loud argument.

Murphy White testified in a narrative, relating that St. Elizabeth had been in existence for 140 years but was not incorporated until he drafted its charter in 1994. He developed his allegations and stated that it was not in the church's best interest to retain a pastor with an arrest record, a jail record, and history of dipping into the collection pan. He also testified that church membership had plummeted under Hughes's tenure, but admitted that many of the names of lapsed members he provided in discovery had died, left town for other employment, or were actually still attending St. Elizabeth. He admitted threatening to call the law to a board meeting when tempers flared over the subject of Hughes. On examination by the court, White stated that the charter called for an annual election of the board of directors, but no election had been, held since 1996.

The court ruled from the bench that the board was not properly constituted according to its charter. It therefore ordered an election within 60 days. It also appointed a special master, Richard Johnson, to oversee the election, and to assure that the legal board's first action was to vote on retaining Hughes. By written judgment, the court also ruled that White failed to meet the requisite burden of proof to support the claims asserted and the relief requested. White has appealed, raising five assignments of error,

Discussion: Declaratory and Injunctive Relief

By his first assignment of error, Hughes urges the district court erred in failing to render declaratory judgment that Hughes committed certain acts and that these acts were not in the church's best interest. He lists five acts: (1) theft from the church; (2) assisting in the unauthorized practice of law at the church; (3) facilitating his friend and agent, Rev. Howard, to come to the church and threaten members with a knife; (4) soliciting members to participate in an illegal pyramid scheme; and (5) having a number of outstanding arrest warrants on his record. The argument is chiefly factual, but it contends that by misrepresenting Mr. Granville as an attorney, Hughes was a principal to the unauthorized practice of law, a violation of La. R.S.

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974 So. 2d 164, 2008 WL 80690, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-bd-of-directors-of-st-elizabeth-lactapp-2008.