390 P.3d 581
Kan. Ct. App.2017Background
- Presbyterian Church of Stanley (PCOS) formed 1979 and affiliated with the hierarchical Presbyterian Church (U.S.A.) (PCUSA) after the 1983 merger; PCOS used and held property in that affiliation for decades.
- Growing theological disputes led PCOS Session (leadership) to pursue disaffiliation in 2014; the congregation voted to leave and join ECO by a large majority at an October 5, 2014 meeting.
- Heartland Presbytery (PCUSA regional body) intervened, issued a Stay, appointed an Administrative Commission, found a schism, and determined the faction that remained faithful to PCUSA was the true church entitled to the property; the Permanent Judicial Commission affirmed.
- Heartland Presbytery sued in district court seeking declaratory relief and quiet title for the staying faction; the leaving faction counterclaimed. The district court found no trust under neutral-principles but deferred under hierarchical deference to Presbytery’s tribunal and awarded control to the staying faction.
- Appellants (three former trustees aligned with the leaving faction) appealed; they later resigned and formed a new congregation. The court rejected parties’ acquiescence argument and affirmed the district court’s application of hierarchical deference.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did appellants acquiesce and waive right to appeal by resigning and forming a new congregation after filing notice? | Heartland: appellants’ resignations and formation of new church show voluntary acceptance of judgment; appeal should be dismissed. | Appellants: departures were protective, made in conscience, not unconditional surrender of appellate rights. | No acquiescence; appeal not waived. |
| Which legal framework governs post-schism property control: hierarchical-deference or neutral-principles? | Appellants: Kansas should adopt neutral-principles (or hybrid) per Jones v. Wolf to decide property by secular documents. | Heartland: Kansas precedent and First Amendment jurisprudence support hierarchical deference to ecclesiastical tribunals. | Court applied hierarchical deference and affirmed deference to Presbytery tribunal. |
| Was the Presbytery’s tribunal decision (staying faction is the true church) binding on civil courts? | Appellants: tribunal decision should not control if secular documents show different property rights. | Heartland: under Watson and Kansas precedent, the highest ecclesiastical tribunal decision is binding in hierarchical cases. | Yes; civil court must accept tribunal determination where congregation was affiliated with hierarchical body and internal procedures were available and used. |
| Did PCOS hold property in trust for PCUSA (express or implied trust)? | Heartland (cross-appeal): argues express/implied trust exists given long affiliation and Book of Order trust language. | Appellants: district court found no trust under neutral-principles. | Court did not decide trust question on appeal (unnecessary) because it affirmed on hierarchical-deference grounds. |
Key Cases Cited
- Watson v. Jones, 80 U.S. 679 (1871) (establishes hierarchical-deference rule for church property disputes)
- Jones v. Wolf, 443 U.S. 595 (1979) (approves neutral-principles approach as an alternative)
- Serbian Orthodox Diocese v. Milivojevich, 426 U.S. 696 (1976) (courts must accept highest ecclesiastical tribunals on internal matters)
- Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, 565 U.S. 171 (2012) (reinforces First Amendment limits on civil intrusion into church governance)
- Kedroff v. St. Nicholas Cathedral, 344 U.S. 94 (1952) (protects church governance from state interference)
- Presbyterian Church v. Hull Church, 393 U.S. 440 (1969) (limits civil inquiry into ecclesiastical matters)
- Kennedy v. Gray, 248 Kan. 486 (1991) (Kansas precedent describing deference to ecclesiastical tribunals in hierarchical churches)