Monday, April 29, 2013

Supreme Court Denies Review In Church Property Ownership Dispute

The U.S. Supreme Court today denied certiorari in Presbytery of Ohio Valley, Inc. v. OPC, Inc., Docket No. 12-907, cert den. 4/29/2013). (Order List.)  In the case, the Indiana Supreme Court, in a 3-2 decision, held that the Presbyterian Church (USA) had failed to show that an express trust attached to property of a break-away congregation.  However, the court remanded the case for trial on  whether an implied resulting trust had been created by the congregation remaining a member of PC(USA). (See prior posting.) The petition for certiorari sought to have the Supreme Court resolve conflicting views of the Presbyterian Church's Property Trust Clause.

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