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Christian Reformed Church Gets Title To Property Over Breakaway Congregation

By Howard M. Friedman

In Lamont Community Church v. Lamont Christian Reformed Church, (MI Ct. App., Sept. 22, 2009), a Michigan appellate court held that the Christian Reformed Church in North America is a hierarchical denomination, and therefore that civil courts are required to honor the determinations made by the denomination's parent body in resolving a property dispute between it and a break away congregation. Here the denomination, through its Zeeland Classis, determined that the congregation had no authority to transfer congregational property to a new entity without the consent of its regional Classis. The congregation argued that the denomination's rule governing the procedure to be used to determine ownership of property when a congregation disaffiliates did not take effect until after it had transferred its property. The court, however, said it was bound by the denomination?s determination that the rule took effect before the transfer at issue. [Thanks to Brian D. Wassom for the lead.]

Full post as published by Religion Clause on September 26, 2009 (boomark / email).