Retta v. Mekonen
2011 Tex. App. LEXIS 1566
| Tex. App. | 2011Background
- The church's board amended its bylaws on April 12, 2009 to add a $30 monthly membership contribution.
- Some attendees claimed the amendments violated amendment procedures and that trustees who approved them were not properly elected under the bylaws.
- On May 2, 2010, the balcony was closed for security reasons after threats of disruptions; police were brought to the service and a woman was briefly escorted from the church.
- On May 7, 2010, appellees (former members under the old bylaws) sued for declaratory judgment, accounting, and a temporary injunction to prevent exclusion from worship, limit expenditures, and preserve church records.
- The trial court granted an ex parte TRO and later issued a temporary injunction restricting entry/removal during services and prohibiting destruction of church documents; the injunction was appealed on jurisdictional and evidentiary grounds, and as overly broad.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction to enjoin exclusion/removal of worshipers | Retta et al. argue trial court had jurisdiction under neutral principles to resolve church governance. | Retta et al. contend First Amendment and internal-governance matters preclude court interference; no subject-matter jurisdiction over this injunction. | Trial court lacked jurisdiction; injunction on exclusion/removal invalid. |
| Destruction of documents injunction | Appellees contended need to prevent hiding/destroying records to protect assets. | No proof of actual or imminent destruction; injunction overbroad and unfounded. | Injunction concerning destruction of documents was improper; sustained on that ground. |
Key Cases Cited
- Butnaru v. Ford Motor Co., 84 S.W.3d 198 (Tex. 2002) (three elements for temporary injunction; abuse of discretion standard)
- Westbrook v. Penley, 231 S.W.3d 389 (Tex. 2007) (First Amendment limits on church governance interference)
- Turner v. Church of Jesus Christ of Latter-Day Saints, 18 S.W.3d 877 (Tex.App.-Dallas 2000) (internal church governance decision not subject to court review)
- Jones v. Wolf, 443 U.S. 595 (1979) (neutral principles of law for church property disputes; constitutional context)
- Drevlow v. Lutheran Church, Mo. Synod, 991 F.2d 468 (8th Cir. 1993) (internal governance and ecclesiastical concerns shield court from intervention)
- Dean v. Alford, 994 S.W.2d 392 (Tex.App.-Fort Worth 1999) (internal church governance not readily reviewable by courts)
- Lacy v. Bassett, 132 S.W.3d 119 (Tex.App.-Houston [14th Dist.] 2004) (neutral principles in non-property context; limitations noted)
- Hawkins v. Friendship Missionary Baptist Church, 69 S.W.3d 756 (Tex.App.-Houston [14th Dist.] 2002) (neutral-principles approach and church governance considerations)