Kemp v. Neal
288 Ga. 324
Ga.2010Background
- Williams Chapel AME Church and its trustees clash with the national AME Church over ownership of real property in Screven County.
- In 2008, members sought to terminate the relationship with the national church, leading the national church to sue to quiet title and obtain declaratory and injunctive relief.
- Trial court found the AME Church hierarchical, concluded property is held for the national church, and that Williams Chapel held no deed to the land, with possessory interest held in trust for the national church.
- The court ordered Williams Chapel’s property and accounts deliverable to the national church within four days, and required removal of appellants’ names from accounts.
- Appellants challenge the ruling on equity-jurisdiction grounds and the merits of the ownership/trust determination, as well as related equitable relief.
- The Georgia Supreme Court affirmeth the trial court’s judgment, with various opinions addressing jurisdiction and trust analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the case falls within this Court's equity jurisdiction | Appellants argue not an equity appeal under title-to-land concepts. | Respondents contend this is an equity case under Ga. law. | Yes; jurisdiction lies in equity. |
| Whether Williams Chapel held real property in trust for the national AME Church | Appellants contend no trust relation exists. | Respondents rely on Book of Discipline creating a trust for the national church. | Williams Chapel held title in trust for the national church. |
| Whether the alleged breach of the trust by the national church affects ownership | No neutral principle supports the breach claim. | National church’s conduct could be a breach; the claim rests on ecclesiastical principles. | No merit; doctrinal considerations do not control civil ownership. |
| Whether the trial court properly fashioned equitable relief, including mortgage handling | Immediate payment of mortgage should be required. | Equitable relief was within trial court’s discretion given prior temporary order. | No abuse of discretion; four-day delivery provision upheld. |
Key Cases Cited
- Beauchamp v. Knight, 261 Ga. 608 (1991) (equity-jurisdiction determination based on underlying issues, not pleading style)
- Lamar County v. E.T. Carlyle Co., 277 Ga. 690 (2004) (equity relief generally follows legal issues; not every case is equity)
- Jones v. Wolf, 443 U.S. 595 (1979) (neutral-principles approach; constitutional limits on church-property disputes)
- Crumbley v. Solomon, 243 Ga. 343 (1979) (recognizes implied trust based on church constitution and benefits)
- Coles v. Wilburn, 241 Ga. 322 (1978) (long-standing relationship alone does not create implied trust)
- Georgia Dist. Council of Assemblies of God v. Atlanta Faith Memorial Church, 267 Ga. 59 (1996) (neutral-principles framework for hierarchical church disputes)
- Holiness Baptist Ass'n. v. Barber, 274 Ga. 357 (2001) (discipline provisions implying trust to general church)
- The Rector, etc. v. Bishop of the Episcopal Diocese of Ga., 305 Ga. App. 87 (2010) (appellate consideration of church-property disputes under neutral principles)