Tuesday, November 18, 2014

Church of Brethren Has No Right To Property of Break-Away Congregation

In Church of the Brethren v. Roann Church of the Brethren, Inc., (IN App., Nov. 17, 2014), an Indiana appeals court held that a break-away Church of the Brethren congregation had not placed its property into an irrevocable trust, express or implied, for the benefit of the Denomination.  Applying the neutral-principles-of-law approach, the court reviewed the Denomination's Organization and Polity Manual, the underlying deeds and the congregational constitution to affirm the trial court's holding that the church property remains with the congregation. [Thanks to Michael E. DiRienzo for the lead.]