77 So. 3d 975
La. Ct. App.2011Background
- Carrollton Presbyterian Church (Carrollton) and the Presbytery of South Louisiana are members of PCUSA; the Book of Order governs property rights within PCUSA.
- Carrollton owns real property in Orleans Parish and has faced discussions about selling its sanctuary amid declining membership.
- The Presbytery asserts Carrollton’s property is held in trust for PCUSA under the Book of Order; Carrollton contends it is exempt or exemptable from such trust and owns its property free of it.
- District court issued TRO, then a preliminary injunction and finally summary judgment in Carrollton’s favor, holding Carrollton’s property is owned by Carrollton and that the Book of Order trust provisions are unenforceable against Carrollton’s property.
- The district court also issued a permanent injunction restricting the Presbytery from actions that would affect Carrollton’s property rights; Presbytery appeals, challenging both the merits and the injunction.
- This court raises a rule to show cause, grants partial dismissal of the appeal concerning the underlying order, and affirms the December 4, 2009 judgment as to the declaratory judgment and permanent injunction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Carrollton holds property free of PCUSA express trust | Carrollton relies on exemption under G-8.0701 and Louisiana trust law. | Presbytery argues Book of Order trust provisions apply and control disposition of property. | Yes; Carrollton exempt or exemptable; no enforceable PCUSA trust over property. |
| Whether neutral principles of law apply to determine ownership of church property | State trust principles determine ownership and transfer rights. | Religious doctrine should govern; neutral principles only if legally cognizable form exists. | Neutral principles govern; property held by Carrollton under Louisiana law absent a valid trust. |
| Whether the Book of Order's express trust provisions apply to Carrollton despite prior constitutions | Trust provisions apply through the PCUSA structure. | G-8.0701 excuses from the provision if not substantially similar to prior constitution; Carrollton elected exemption. | Carrollton exempt under G-8.0701; prior provisions do not create enforceable trust over Carrollton property. |
| Whether the permanent injunction infringes constitutional free exercise or exceeds jurisdiction | Injunction is narrowly tailored to protect property rights; avoids entanglement. | Injunction intrudes into church governance and ecclesiastical matters. | Injunction is narrowly tailored to the property dispute and does not violate constitutional principles. |
| Whether appellate review was proper for the order and the final judgment | Interlocutory order related to sanctions; appeal should review the merits. | Order is interlocutory and not reviewable under the restricted appeal; merits remain on final judgment. | Partial dismissal; appeal maintained as to the final judgment; order dismissed. |
Key Cases Cited
- Jones v. Wolf, 443 U.S. 595 (U.S. Supreme Court, 1979) (neutral principles of law for church property disputes)
- Fluker Community Church v. Hitchens, 419 So.2d 445 (La. 1982) (neutrality in examining church documents under constitutional framework)
- Mount Gideon Baptist Church, Inc. v. Robinson, 812 So.2d 758 (La.App. 1 Cir. 2002) (preliminary injunctions merge into permanent injunctions; scope limited to property disputes)
- Succession of Bell, 964 So.2d 1067 (La.App. 1 Cir. 2007) (interlocutory judgments review limits; restrictions on reviewing unrelated orders)
- Washington v. James, 962 So.2d 1154 (La.App. 2 Cir. 2007) (jurisdictional caution against entanglement in church doctrine)
- Thompson v. Bank One of Louisiana, 925 So.2d 555 (La.App. 4 Cir. 2006) (First Amendment concerns in church-related injunctions; narrowly tailored relief)
- Jones v. Wolf, 443 U.S. 595 (U.S. Supreme Court, 1979) (reiterated on form cognizable in civil laws for property disputes)