Oregon Supreme Court adopts "neutral principles of law" in church property case

The Oregon Supreme Court has handed down a decision in a Presbyterian Church property dispute that effectively nullifies the Episcopal Church’s Dennis Canon in its jurisdiction.

In a 29 Nov 2012 decision in Hope Presbyterian Church of Rogue River v the Presbyterian Church (USA) and the Presbytery of the Cascades the Oregon Supreme Court held that a denominational trust does not encumber parish property unless the parish takes an explicit action to place a trust or lien on the property on behalf of the denomination.

Last week’s rule had immediate ramifications for Episcopal Church property disputes as lawyers for Bishop Jack Iker and the Episcopal Diocese of Fort Worth filed a letter brief with the Texas Supreme Court reporting the Oregon Supreme Court’s ruling in favor of “neutral principles of law” in adjudication church property disputes. Read more