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Religion & Law

: Religion Clause

NY Appeals Court Says Breakaway Church Property Belongs to Prebyterian Church USA

By Howard M. Friedman

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In Presbytery of Hudson River of Presbyterian Church (U.S.A.) v Trustees of First Presbyterian Church & Congregation of Ridgeberry, (NY App. Div., Jan. 12, 2010), a New York state appellate court, reversing the trial court, held that property of a break-away congregation is held in trust by the Presbytery for the Presbyterian Church (USA). It said in part:
the Book Of Order, a component of the constitution of PCUSA, contains language specifying that all property held by a particular church is held in trust for the national denomination. The neutral principles approach requires the courts to "look to the constitution of the general church concerning the ownership and control of church property" .... [D]efendants, in opposition to the plaintiffs' motion, failed to demonstrate that PCUSA is not hierarchical, or that cases involving hierarchical religious organizations do not apply here.
[Thanks to Joseph Landau for the lead.]

Full post as published by Religion Clause on January 18, 2010 (boomark / email).

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