Church of The First Born Of Tennessee, Inc. v. Tom Slagle, M2014-01605-COA-R3-CV

Church of the First Born of Tennessee is an unincorporated association governed by elder/overseer, deacons, and trustees; property title rests in trustees for the Church’s use and benefit.
After founder P.D. Hardin’s death, governance disputes emerged, including tensions between Hartsville and White House congregations over doctrine, school funding, and authority.
In 2010, the deacons voted to take control of Church functions, leading to a split and mediation/arbitration agreement; by November 21, 2010, White House supported Brewer’s deacon slate.
Dayspring Academy and other Church properties are held in Robertson and Trousdale Counties, with deed restrictions and “right of first refusal” provisions affecting sale or transfer.
In 2011, the Church formed a nonprofit religious corporation (the Corporation) purportedly to hold Church interests and sued to quiet title to Trousdale County properties.
The trial court granted summary judgment in favor of the defendants, ruling the Church was congregational and that the Corporation lacked standing to challenge property ownership; the court ordered that transfers require two-thirds member approval in Hartsville.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Standing of the Corporation to sue	Corporation claims successor interest to the Church’s assets and rights.	Corporation is not affiliated and lacks standing to assert Church property rights.	Corporation lacked standing; action should be dismissed.
Church governance type	Disputed whether Church is congregational or connectional; no clear precedent.	Church is congregational; membership governs property decisions.	Court affirmed congregational governance; non-consensual transfer requires membership consent.
Validity of deacon election and authority	Disputed deacon election procedures and authority to bind Church.	Election in White House void for deviating from past practice; prior deacons valid.	Prior deacons remained valid; White House election void for method inconsistency.
Grounds for summary judgment	Material facts unresolved; no established precedent to resolve property control.	Unincorporated Church had no standing to sue; congregational governance limits relief.	Summary judgment reversed on standing; case dismissed for lack of standing.

Nance v. Busby, 18 S.W. 874 (Tenn. 1892) (standing of church members to sue in property disputes)
City of Memphis v. Hargett, 414 S.W.3d 88 (Tenn. 2013) (standing and justiciability precede merits; determine standing first)
Adams v. Bethany Church, 380 So.2d 788 (Ala. 1980) (incorporation of association and title transfer depends on unanimity/consent of members)
Hamner v. Carroll’s Creek Baptist Church, 51 So.2d 164 (Ala. 1951) (trust/ownership when property remains with unincorporated association)