Church of God in Christ, Inc. v. Board of Trustees of Emmanuel Church of God in Christ
280 P.3d 795
Kan. Ct. App.2012Background
- COGIC filed suit against Emmanuel Church of God in Christ Wichita and related parties over control of the Mascot property.
- Mascot property was deeded to a new corporation after disputed transfers by church trustees.
- Settlement in 2008 directed COGIC to request transfer to the Kansas Central Jurisdiction and share the Mascot property pending ruling.
- In 2009, COGIC authorized Bishop Gilkey to appoint a pastor and regain access; governance tensions continued at the Mascot property.
- COGIC obtained a default judgment in 2010 for access/control of the property and damages after defendants failed to answer, leading to a damages hearing.
- Court rejected defenses about ecclesiastical governance and held trust-based remedies allowed COGIC to recover control and damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Subject matter jurisdiction over property dispute | COGIC argues civil property rights support jurisdiction. | Defendants contend church matters are ecclesiastical and non-justiciable. | District court has civil subject matter jurisdiction over property rights. |
| Properness of default judgment | Failure to answer warrants default under K.S.A. 60-255(a). | Defendants claim no deadline or misapplication of rules. | No abuse of discretion; default judgment appropriate. |
| Waiver of res judicata and collateral estoppel defenses | Affirmative defenses waived due to absence in answer. | Waiver should not bar defenses on appeal. | Waived as a matter of law. |
| Effect of not naming the corporation as a party | Trust language and equitable remedies allow enforcement without adding the corporation. | Default judgment should be reversed for improper party naming. | COGIC may pursue trust-based remedies; district court properly traced and awarded control. |
| Amount of damages after default | Damages proven by expert testimony at $2,000/month for periods of exclusion. | Dispute over exact damages and evidentiary sufficiency. | Damages of $24,000 supported by substantial evidence. |
Key Cases Cited
- Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, 132 S. Ct. 694 (U.S. Supreme Court 2012) (establishment/free exercise limits government involvement in church governance)
- New Jerusalem, 26 Kan. App. 2d 572 (Kan. App. 2009) (internal church property trust principles; civil court jurisdiction over property matters)
- Gospel Tabernacle Body of Christ Church v. Peace Publishers & Co., 211 Kan. 420 (1967) (civil court involvement to protect property rights of church)
- Church of God in Christ v. Bd. of Trustees of Emmanuel Church of God in Christ, 26 Kan. App. 2d 569 (Kan. App. 1999) (establishes limited ecclesiastical jurisdiction and trust principles)
- St Paul Church, Inc. v. United Methodist Church, 145 P.3d 541 (Alaska 2006) (constructive/trust-based remedies when church property is involved)