Church Members Fail To Show "Proper Purpose" To Inspect Certain Church Records

In Two Rivers Baptist Church v. Sutton, (TN App., May 20, 2010), 54 members of the church who had sued the senior pastor and other church officers in a dispute over governance of the church sought various church records under Tennessee's non-profit corporation law. The court held that the members may obtain certain basic records-- such as the charter, bylaws, resolutions and minutes-- which the statute gives them an absolute right to inspect. Enforcing the right does not entangle the court in religious affairs in violation of the ecclesiastical abstention doctrine. However, as to items such as accounting records and membership lists, the statute requires that members show a "proper purpose." The claim that the members were protecting their property rights in the church building and its funds did not meet this standard since members individually have no property right in the corporation's assets.