In two recent cases, state courts have agreed that they can decide disputes over church property between break-away congregations and parent church bodies.
In Malankara Archdiocese of Syrian Orthodox Church in N. Am. v Thomas, (NY App. Div., Oct. 24, 2006), 3 judges on a New York appellate court held that a dispute over property ownership of church land can be resolved using neutral principles of law. When the Patriarch of the Syrian Orthodox Church replaced the Archbishop of the Archdiocese with a new Archbishop, who in turn replaced the vicar of St. Mary's Church, 29 members of St. Mary's signed a document stating that St. Mary's had resolved to be affiliated with the Malankara Orthodox Syrian Church. The court however affirmed the trial court's decision that the property belonged to the Archdiocese. Judge Spolzino dissenting argued that the case should be dismissed because it involves a doctrinal dispute that a civil court cannot adjudicate.
In a dispute in Tulsa, Oklahoma between Kirk of the Hills Presbyterian Church and the Eastern Oklahoma Presbytery of the Presbyterian Church (USA), an Oklahoma state district court has held that it can decide whether a church building on 10 acres of prime real estate was held in trust for the parent body or belongs to the local church. Friday's Tulsa World reported on the decision involving a claim by the church that the denomination was moving away from its biblical base and was lessening its opposition to gay clergy. While lifting a stay on state proceedings, the judge did order the local church to furnish the Presbytery the church's membership list.
