Mount Zion Missionary Baptist Church v. Jones
84 So. 3d 674
La. Ct. App.2012Background
- Mount Zion Baptist Church, Incorporated (Mount Zion) is a Louisiana nonprofit corporation (1928).
- Bylaws were adopted for church operations and amended in 1993, filed 1996, outlining governance and officer removal.
- Trustees elected in 2006; Jones was selected as pastor in 2006.
- 2009 church meeting led to a secret ballot on retaining Jones; 44 voted to declare pulpit vacant, 1 to retain, 2 blanks.
- December 2010 Board of Trustees vote and subsequent actions included removing certain officers and declaring pulpit vacant; a February 2011 election of a new Board of Trustees occurred despite a TRO.
- The trial court granted a preliminary injunction removing Jones, nullifying the new trustees’ election, and prohibiting Jones from entering church property; Jones appealed challenging several aspects of the injunction and related governance actions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Do Mt. Zion bylaws govern pastor termination or does 12:225(E) control? | Jones argues bylaws govern termination. | Mt. Zion contends 12:225(E) authorizes removal and bylaws are not exclusive. | Bylaws are not exclusive; 12:225(E) authorizes removal if prima facie shown. |
| Was the termination of Jones properly justified under 12:225(E) and not limited to bylaws? | Jones asserts improper reliance on 12:225(E) or exclusive bylaws procedures. | Church showed majority of Board of Trustees removed him, satisfying 12:225(E). | Court affirmed the prima facie showing under 12:225(E) supporting removal. |
| Did the trial court properly grant and subsequent enforceability of the temporary restraining order and void the February 13, 2011 election? | Jones challenges TRO and subsequent voiding of election. | Church contends TRO and voiding were within court’s discretion. | TRO upheld; voiding the February 13 election affirmed. |
| Is the appeal moot or should it be dismissed despite Jones’s evolving status? | Jones seeks review of ongoing governance issues. | Church argues mootness should bar review. | Court rejected mootness; appeal not moot. |
| Did the court err in deciding the specific composition of the Board of Trustees after the injunction? | Jones challenges later order fixing six trustees. | Court did not need to resolve this issue on appeal. | Not addressable on the current judgment; dismissal affirmed. |
Key Cases Cited
- Novelaire Technologies, L.L.C. v. Harrison, 994 So.2d 57 (La. App. 5 Cir. 2008) (preliminary injunction standards; prima facie showing required)
- Smith v. W. Va. Oil & Gas Co., 373 So.2d 488 (La. 1979) (abuse of discretion standard for preliminary injunction rulings)
- Parker v. Chimneywood Homeowners’ Ass’n, Inc., 866 So.2d 289 (La. App. 4 Cir. 2003) (appealability of temporary restraining orders under related rules)