Thursday, April 21, 2011

Appeals Court Defers To Church Synod In Dispute Over Church Closing

In Southeastern Pennsylvania Synod of the Evangelical Lutheran Church in America v. Meena, (PA Commonwealth Ct., April 18, 2011), a Pennsylvania appellate court, in a 6-2 decision written by Judge Pellegrini, held that it must defer to the decision of the governing Synod to impose synodical administration on a local church and close it because of its diminished attendance and income.  Judge Leavitt, joined by Judge McCullough dissented arguing that the case should be remanded for the trial court to determine, under neutral principles of Pennsylvania corporate law, whether the bylaw of the Synod that authorized it to take control of the local church is inconsistent with the Synod's Charter.