Chabad-Lubavitch v. Schuchman
305 Mich. App. 337
| Mich. Ct. App. | 2014Background
- Chabad-Lubavitch of Michigan (plaintiff) sues to transfer title to two West Bloomfield properties held by Bais Chabad (defendant).
- Five ecclesiastical panels previously held that title should be in plaintiff’s name, but defendants refuse to transfer despite orders.
- Dispute centers on whether Chabad-Lubavitch doctrine and polity require subordinate congregations to title property to higher authority.
- Plaintiff obtained civil suit permission in 2009 and filed suit on April 17, 2012; trial court granted summary disposition for defendants.
- Court addresses statutes of limitations, ecclesiastical abstention, and trespass claims, with tolling during mandatory ecclesiastical proceedings.
- Court remands for further proceedings after finding genuine issues of material fact regarding hierarchy and ownership.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether equitable tolling tolls limitations here | Plaintiff (Chabad) tolling during ecclesiastical proceedings. | Defendants contend no tolling; proceedings were not final. | Timeliness tolled during mandatory ecclesiastical proceedings; claims timely. |
| Whether ecclesiastical abstention applies | Hierarchy binding requires deferring to highest ecclesiastical tribunal. | Chabad-Lubavitch not hierarchical for property/finance matters; abstention not applicable. | Genuine issues of material fact exist on hierarchy; abstention doctrine not resolved at summary judgment. |
| Whether trespass claim survives | Defendants trespassing by occupying property contrary to hierarchy orders. | Ownership and permission issues foreclose trespass at summary stage. | Trespass claim cannot be resolved at summary judgment; factual dispute remains on ownership and permission. |
Key Cases Cited
- AFSCME v Highland Park Bd of Ed, 457 Mich 74 (1998) (mandatory grievance tolls statutes of limitations during exhaustion)
- Bennison v Sharp, 121 Mich App 705 (1982) (civil courts must defer on hierarchical church doctrine/polity)
- Lamont Community Church v Lamont Christian Reformed Church, 285 Mich App 602 (2009) (hierarchical status governs ecclesiastical abstention; avoid searching inquiry)
- Jones v Wolf, 443 US 602 (1979) (First Amendment requires deference to hierarchical church resolution)
- Coblentz v City of Novi, 475 Mich 558 (2006) (de novo review of summary disposition; standard for tolling and accrual matters)
- Watson v Jones, 80 US 679 (1871) (tri-partite framework for church property disputes)
- Miller v McClung, 4 Mich App 714 (1966) (exhaustion of church remedies prerequisite to civil relief)
- Buettner v Frazer, 100 Mich 179 (1894) (exhaustion of ecclesiastical remedies before court)
- Smith v Calvary Christian Church, 462 Mich 679 (2000) (application of ecclesiastical abstention to church polity issues)
- Calvary Presbyterian Church v Presbytery of Lake Huron, 148 Mich App 105 (1986) (aequates church polity considerations to abstention framework)