Appeals court win for US congregation in land battle

A Louisiana appeals court has opened the legal door for Episcopal churches in the state to quit the national Church and keep their properties.

On 14 September 2011 the First Circuit Court of Appeal in Baton Rouge upheld a lower court decision allowing a Presbyterian congregation to leave its presbytery and keep its property – even though the Presbyterian Church’s constitutional documents claimed an interest in the property.

Relying upon the US Supreme Court’s decision in Jones v Wolfe, the appeals court in the case of Carrollton Presbyterian Church v the Presbytery of Southern Louisiana rejected the argument put forward by the presbytery that the addition of a trust clause in a denomination’s constitution was sufficient to create a valid and enforceable trust on property. To read more, click here.