Monday, April 14, 2008

Hawaii Court Permits Suit By Church Members To Proceed

In Baldonado v. Way of Salvation Church , (HI Inter. Ct. App., April 10, 2008), an Hawaii appellate court refused to apply the ecclesiastical abstention doctrine to a lawsuit by members of a congregational church. It held that civil courts can apply Hawaii's non-profit corporation law to claims of misuse of church assets and improper expulsion of plaintiffs as members. The controversy did not involve courts in the determination of church law or doctrine.