Legal News

Court of Appeal rules church takeover attempt unlawful

By Richard Binder

Iglesia Evangelica Latina Church announced that the California Court of Appeal, Second Appellate District, ruled today in the case of Iglesia Evangelica Latina, Inc., et al., vs. Southern Pacific Latin American District of the Assemblies of God, et al., that the Southern Pacific Latin American District of the Assemblies of God acted unlawfully when it tried to take over an historic Spanish-speaking church, caused a former pastor to sign a deed transferring all of the church?s property to the denomination, and then locked out hundreds of member families.

Due to some internal disagreements in 2005 and 2006, the church consulted the District for help.  The District then took over the corporation and its property.  After a three day trial in September 2007, the Los Angeles Superior Court ruled in favor of the District, and then the church retained the law firm of Payne & Fears LLP to appeal the ruling.

In its 29 page decision, the California Court of Appeal overturned the Superior Court?s ruling, rejecting the District?s claim that the Assemblies of God could disregard Iglesia Evangelica?s rights as a California religious corporation.  The Court also ruled that the District?s receipt of Iglesia Evangelica?s church property from one of its pastors was unlawful.

The decision sends the case back to the Los Angeles Superior Court and orders that the lower court enter judgment in favor of Iglesia Evangelica?s on all of the legal claims in the case, except two where a trial will decide Iglesia Evangelica?s claim that the District took personal property and funds from the church.

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Full post as published by Legal Pad | LA on April 28, 2009 (boomark / email).