In
Ferrel v. Israelite House of David, (MI App., April 2, 2020), a Michigan appellate court upheld a trial court's dismissal on ecclesiastical abstention and standing grounds a suit by a former member of the Israelite House of David against the two individuals who claimed to be among a handful of members of a religious organization whose history traced back over 100 years. Plaintiff had surrendered his membership in a settlement agreement with the organization in 2013. According to the court:
Plaintiff stated that he is “perhaps . . . the only person who is a true believer in the religion of IHOD with the capacity to manage the assets to advance its religious purpose.” He alleged that “he may be the only party standing between continuation of IHOD doctrine and Defendant’s theft and destruction of the religion for personal gain.” On the basis of these allegations, plaintiff sought relief in various forms, including a declaratory judgment that defendants “have improperly and unlawfully diverted IHOD from its stated mission....
In affirming the dismissal of the case, the court said in part:
The trial court did not err by ruling that resolution of plaintiff’s claims would require a decision on matters of church doctrine and polity. Plaintiff argues that his complaint did not seek resolution of any religious issues but concerned a dispute about real estate. This statement is belied by an examination of plaintiff’s amended complaint.... Plaintiff maintained that, with the exception of William Robertson, who was elderly and may have suffered from dementia, “there are no proper members of IHOD.” Plaintiff further alleged that, unlike defendants, he was a true believer and “should be allowed to reestablish his membership as the only person committed to maintain the faith.”...
The damages that plaintiff alleged are spiritual in nature.... [P]laintiff alleged that he was “deprived of the means and mechanisms necessary for the free exercise of his chosen religion,” “prevented from participating in the central tenet and goal of the religion—the ingathering of the flock of God,” and “deprived of the means to spread the gospel to others.” He also alleged that he has suffered “extreme emotional distress from the loss of the means to practice his religion and the specter of being deprived of salvation.”
