Church Property Disputes Looming In Pennsylvania

Yesterday's Pittsburgh Post-Gazette carries an excellent background article on the legal issues that will be faced by state courts as several Episcopal and Presbyterian congregations in western Pennsylvania threaten to break away from their parent bodies. The resulting disputes over ownership of church property likely will be decided using neutral principles of property law. The controlling decision in Pennsylvania is In re: Church of St. James the Less, (PA Sup. Ct., Dec. 29, 2005) [majority opinion, concurring opinion]. It indicates that many of the cases may turn on the validity and interpretation of trust clauses in church documents.