Thursday, October 10, 2013

Presbyterian Church Property Dispute Remanded To State Court

In Highland Park Presbyterian Church, Inc. v. Grace Presbytery, Inc., (ND TX, Oct 7, 2013), a Texas federal district court remanded to state court a church property ownership suit that had been removed to federal court.  At issue is whether $30 million of real property of the Highland Park Presbyterian Church was held in trust for the Presbyterian Church (USA). Highland Park is in the process of breaking away from PC(USA) because of theological differences. Removal to federal court is permitted only if the complaint states a claim under the U.S. Constitution or federal law. Here the claim is merely that the U.S. Constitution may later be violated as the case moves forward if the state court exercises its authority too broadly. Christian Post reports on the decision and provides more background.