Mullins v. Wicker
2017 Ohio 5663
| Ohio Ct. App. | 2017Background
- Little Ettie Old Regular Baptist Church (congregational, self-governing) split into two factions after disputes in late 2011–early 2012 over women's voting rights and continued participation in the New Salem Association.
- Appellees (trustees Mullins, Mathews, Osborne) sued Appellants (members including Wicker et al.) in 2012 seeking injunctive relief and to protect church property and funds; appellants counterclaimed seeking a declaratory judgment that they were the true members.
- The trial court initially issued a temporary schedule for alternating weekend access to the church during litigation; later converted that schedule into a permanent injunction.
- The court found certain meetings held by Appellants (Jan. 25, 2012; May 9, 2015) improper and without force, but concluded neither side proved entitlement to full ownership; instead it found two congregations equally entitled to possession and control of church real and personal property.
- Appellants appealed, arguing (1) the court erred in finding two congregations equally entitled to property and (2) the permanent injunction was improper. The appellate court affirmed, finding competent, credible evidence supported the trial court's findings and that the injunction was not an abuse of discretion.
Issues
| Issue | Mullins (Plaintiff/Appellee) Argument | Wicker (Defendant/Appellant) Argument | Held |
|---|---|---|---|
| Whether the court should declare one faction the sole lawful members entitled to church property | Mullins: Appellees argued appellants failed to prove they were sole lawful members; both factions have rights and evidence supports no sole-owner finding | Wicker: Appellants argued majority rule and historical practice should give them exclusive control; meetings excluding others validated their claim | Court: Affirmed trial court — neither side proved exclusive entitlement; found two congregations equally own and occupy the property |
| Whether temporary scheduling order should be converted to a permanent injunction dividing use/access | Mullins: Injunction necessary to prevent dissipation of assets and future harm; court may fashion equitable relief | Wicker: Permanent injunction improperly limits majority governance and forecloses future lawful changes by majority | Court: Affirmed — trial court did not abuse discretion in issuing permanent injunction with detailed sharing and approval provisions |
| Whether trial court had jurisdiction or should abstain due to ecclesiastical questions | Mullins: Court may adjudicate secular property/control issues in congregational church under neutral-principles / proper-authority review | Wicker: Dispute is ecclesiastical (doctrine, membership, leadership) and civil courts lack jurisdiction under ecclesiastical abstention | Court: Exercised jurisdiction narrowly; applied neutral/practice review and limited inquiry to governance procedures and whether meetings were proper, consistent with precedent |
| Whether trial-court factual findings (improper meetings, voting practice history) were against manifest weight | Mullins: Trial-court credibility determinations and findings supported by record | Wicker: Argued court misapplied law and created compromise remedy not grounded in majority rule | Court: Findings supported by competent, credible evidence; appellate court will not reweigh credibility — affirmed |
Key Cases Cited
- Jones v. Wolf, 443 U.S. 595 (U.S. 1979) (endorses neutral-principles approach for resolving church property disputes)
- Eastley v. Volkman, 132 Ohio St.3d 328 (Ohio 2012) (standard for reviewing manifest-weight claims)
- Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (Ohio 1984) (deference to trial court on witness credibility)
- State ex rel. Morrow v. Hill, 51 Ohio St.2d 74 (Ohio 1977) (distinguishes hierarchical vs. congregational polity for jurisdictional analysis)
- Smith v. White, 7 N.E.3d 552 (Ohio Ct. App. 2014) (congregational churches are governed by their own procedures; courts limited to secular, non-ecclesiastical questions)