Legal Resource Databank

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Legal Resource Databank

More property resources Layman Online archive of property articles Chart: Churches leaving the PCUSA Chart: Churches seeking property only

To help equip churches facing legal matters, to inform churches of legal matters pertaining to property, and as a service to our readers, The Layman Online offers the following resource of legal documents. The documents contained herein are otherwise publicly available, but are consolidated here in an informal manner for ease of reference. Of course, our lawyers have asked us to remind you that in making these documents available The Layman Online and/or The Presbyterian Lay Committee is not offering or rendering legal advice or opinions; for that, you must consult with a lawyer.

To add a document or request a link, please e-mail dmast@layman.org.

U.S. Supreme Court	Watson v. Jones, 1871	Opinion
U.S. Supreme Court	Shepard v. Barkley, 1918 Opinion	Opinion
U.S. Supreme Court	Presbyterian Church v. Hull, 1969	Opinion
U.S. Supreme Court	Jones v. Wolf, 1979	Opinion
U.S. Supreme Court	St. James Parish in Newport Beach, Calif. vs. The Protestant Episcopal Church in the Diocese of Los Angeles	Amicus Brief filed by Presbyterian Lay Committee
STATE	CASE NAME	DOCUMENTS
Ala.	Central Presbyterian Church in the United States of America of Huntsville, Ala., vs. North Alabama Presbytery	Complaint Remand Order Mediation Agreement
Ala.	Haney's Chapel United Methodist Church, et al. v. The United Methodist Church, et al.	Opinion
Ala.	The First Presbyterian Church of Tallassee, Ala., vs. Presbytery of Sheppards and Lapsley	Complaint, Application for Exparte Restraining Order, Affidavit of Buford Hardy, Order, Affidavit of Pamela N. Price, Preliminary Injunction, Order
Calif.	First Presbyterian Church of Roseville, Calif., vs. Presbytery of Sacramento	Complaint for declaratory relief, quiet title and injunctive relief Memorandum Of Points And Authorities In Support Of Defendant's Motion To Transfer And Consolidate Actions Notice Of Motion And Motion To Transfer And Consolidate Actions; Memorandum Of Points And Authorities In Support Of Motion; And Supporting Declaration Of Robert Johnson Declaration Of Robert H. Johnson In Support Of Defendant's Motion To Transfer And Consolidate Actions Defendant Presbytery Of Sacramento's Answer To First Presbyterian Church Of Roseville, California's Complaint Ruling on submitted matter
Calif.	Fair Oaks Presbyterian Church of Fair Oaks, Calif., vs. Presbytery of Sacramento	Complaint for declaratory relief, quiet title and injunctive relief Defendant Presbytery Of Sacramento's Answer To Fair Oaks Presbyterian Church's Complaint
Calif.	California-Nevada Annual Conference Of The United Methodist Church et al., v. St. Luke's United Methodist Church et al.,	Opinion (Calif. Supreme Court let stand a ruling by the state's 5th District Court of Appeal that said St. Luke's can retain its property)
Calif.	Serone Church, Inc., Plaintiff vs. Hanmi Presbytery, Inc., A California Corporation, A Constituent Entity Of The Synod Of Southern California And Hawaii, A Constituent Entity Of The Presbyterian Church (U.S.A.), Defendants.	Memorandum of Points and Authorities in Reply to Papers Filed in Opposition to Order to Show Cause
Calif.	Jane Hyde Rasmussen, et al., vs. The Rev. Praveen Bunyan, et al.	Amici Curiae Brief of the Presbyterian Church (USA), the Synod of Southern California and Hawaii and Hanmi Presbytery Opinion of the Court of Appeal of the State Of California, Fourth Appellate District, Division Three Decision of the Supreme Court of California
Calif.	Episcopal Church Cases	Application of the Presbyterian Lay Committee for Permission to File Brief as Amicus Curiae in Support of the Petitioners and Brief as Amicus Curiae in Support of Petitioners Application for Leave to File Amicus Curiae Brief of Clifton Kirkpatrick et al. in Support of Plaintiff in Intervention and Respondent Episcopal Church Application for permission to file Amici Curiae brief and Amici Curiae brief of Iglesia Evangelica Latina, Inc., Et Al. in support of petitions Presbyterian Lay Committee files Amicus Brief in U.S. Supreme Court in St. James v. Diocese of Los Angeles case
Conn.	The Episcopal Church in the Diocese of Connecticut et al. v. Ronald S. Gauss et al.	Connecticut Supreme Court ruling
Ga.	Timberridge Presbyterian Church, Inc. plaintiff vs. Presbytery of Greater Atlanta, Inc. defendant	Timberridge original complaint Timberridge amended complaint Timberridge brief in support of petition for interlocutory injunction Timberridge opposition to Atlanta dismissal motion Timberridge TRO motion Timberridge brief in support of motion for temporary restraining order Atlanta response in opposition to plaintiff's motion for TRO Timberridge TRO order Atlanta answer and counterclaim Atlanta brief in support of dismissal motion Atlanta motion to dismiss Atlanta response to TRO motion Atlanta supplemental response to TRO motion Timberridge proposed order Order Timberridge Brief of Appellant Atlanta Brief of Appellee Motion to appear Pro Hac Vice Amicus Curiae Brief Appeals Court Decision Amicus Curiae brief from the Trustees Reid Memorial Church Response to Amicus Curiae brief from the Trustees Reid Memorial Church Georgia Supreme Court decision
Ga.	Christ Church in Savannah v. Episcopal Diocese of Georgia	Amicus Curiae Brief
Iowa	The Prospect Hills Presbytery of the Presbyterian Church (USA), and the Rev. Duane Queen as chair of the Administrative Commission appointed by the presbytery with respect to the Riverside Presbyterian Church, Linn Grove, Iowa, vs. Russell Westbrook, Dennis Somers, and the session of Riverside Presbyterian Church, Linn Grove, Iowa	Petition Answer and counterclaims
Ind.	Presbytery of Ohio Valley Inc. and the Synod of Lincoln Trails of the Presbyterian Church (USA) Inc., vs. Olivet Presbyterian Church, Inc. and the Evangelical Presbyterian Church	Complaint for Declaratory Judgment and Other Relief Notice for extension of time to file responsive pleading to plaintiff's complaint Order granting EPC's disclaimer of interest Decision Court of Appeals of Indiana opinion Amicus Curiae Brief of the Presbyterian Lay Committee
Kan.	Colonial Presbyterian Church vs. Heartland Presbytery	Ex Parte Restraining Order Verified Petition
La.	Carrollton Presbyterian Church vs. Presbytery of South Louisiana of the PCUSA	Motion to Remand Request for Expedited Consideration and for Status Conference Carrollton Amended Petition for Temporary Restraining Order, Preliminary Injunction, Permanent Injunction and Declaratory Judgment Carrollton Motion for Sanctions Carrollton Motion for Summary Judgment Carrollton Motion for Declaratory Judgment South Louisiana's Answer and Exceptions to Petition Written Reasons for Carrollton's Request for Preliminary Injunction Preliminary Injunction Declaratory Judgment and Permanent Injunction Order Notice of Judgment Motion for reconsideration of decision not to publish
La.	First Presbyterian Church of the city of Baton Rouge, Inc., vs. The Presbytery of South Louisiana	Stipulated final judgment Stipulated preliminary injunction order Petition for Temporary Restraining Order, Preliminary Injunction and Declaratory Judgment
La.	The First Presbyterian Church Of Thibodaux V. The Presbytery Of South Louisiana Of The Presbyterian Church (USA)	Petition For Declaratory Judgment Memorandum In Support Of Petition For Declaratory Judgment
La.	Woodland Presbyterian Church v. The Presbytery Of South Louisiana	Petition For Temporary Restraining Order, Preliminary Injunction And Declaratory Judgment Memorandum In Support Of Petition For Temporary Restraining Order, Preliminary Injunction And Declaratory Judgment Stipulated Preliminary Injunction Temporary Restraining Order Temporary Restraining Order, Preliminary and Permanent Injunction
Mo.	Colonial Presbyterian Church vs. Heartland Presbytery	Verified petition Ex Parte Restraining Order
Mo.	Heartland Presbytery vs. Gashland Presbyterian Church	Case dismissed Decision of the Court of Appeals of Missouri, Western District
Miss.	First Presbyterian Church Of Corinth, Mississippi vs. Presbytery Of Saint Andrew, Presbyterian Church U.S.A., Inc.	Remanding order A notice of removal Order granting temporary restraining order Complaint Affidavit of Reverend Don Elliott Motion for Temporary Restraining Order and Expedited Hearing Answer, Defenses and Counterclaim of Presbytery of Saint Andrew, Presbyterian Church (USA), Inc. Answer to Defendant's Counterclaim Defendant's Motion to Transfer Case to the Chancery Court of Alcorn County Memorandum in Support of Defendant's Motion to Transfer Case to the Chancery Court of Alcorn County Response to Defendant's Motion to Transfer Case to the Chancery Court of Alcorn County Defendant's Response and Cross-Motion to Plaintiff's Motion for Extension of Temporary Restraining Order and Entry of Preliminary Injunction Memorandum in Support of Defendant's Response and Cross-Motion to Plaintiff's Motion for Extension of Temporary Restraining Order and Entry of Preliminary Injunction Reply in Support of Motion for Preliminary Injunction/Response to Defendant's Cross-Motion for Preliminary Injunction First Presbyterian Church Of Corinth, Mississippi's Proposed Findings of Facts and Conclusions of Law Motion for Extension of Temporary Restraining Order and Entry of Preliminary Injunction First Presbyterian Church of Corinth, Mississippi's Motion for Summary Judgment (Exhibits from Motion for Summary Judgment) Joint Stipulation Of Dismissal With Prejudice
Miss.	First Presbyterian Church of Pascagoula, Mississippi vs. Presbytery of Mississippi	Petition for Temporary Restraining Order, Preliminary Injunction and Declaratory Judgment Final Declaratory Judgment
Miss.	First Presbyterian Church Of Vicksburg, Mississippi Vs. Presbytery Of Mississippi	Final declaratory judgment Stipulated Preliminary Injunction Petition For Temporary Restraining Order, Preliminary Injunction And Declaratory Judgment
Miss.	J.J. White Memorial Presbyterian Church of McComb vs. Presbytery of Mississippi	Final declaratory judgment Stipulated Preliminary Injunction Petition For Temporary Restraining Order, Preliminary Injunction And Declaratory Judgment
N.C.	First Presbyterian Church of Marion, North Carolina, Inc., vs. Presbytery of Western North Carolina	Complaint Temporary Restraining Order Plaintiff's brief opposing motion for summary judgment
N.C.	Presbytery of Western N.C. vs. Montreat Presbyterian Church (EPC) and Trustees E.A. Andrews Jr., Jessie G. Barker and Natalie W. Schermerhorn	Civil Summons Motions of Defendants Affidavit of J. Aydelotte Opposition to motion to dismiss Opposition to motion to strike Order Answer (jury demand)
N.C.	Fire Baptized Holiness Church of God of the Americas, Inc., V. Carl McSwain, Virginia McDowell, Thelma Chambers, Jeffrey Ross, and Jackie Williams, Trustees of Fire Baptized Holiness Church of God of The Americas, A/K/A Mt. Sinai Baptist Church, A/K/A Westside Praise And Worship Center; and Fire Baptized Holiness Church of God of The Americas, Mt. Sinai Church, A/K/Amt. Sinai Baptist Church, A/K/A Westside Praise and Worship Center	Opinion
N.Y.	The Trustees of the Presbyterian Society of Cayuga Creek vs. The Presbytery of Western New York	Summons Verified Complaint
N.Y.	The Presbytery of Hudson Valley of the Presbyterian Church (USA) and Rev. Richard M. Spierling as chair of the Administrative Commission appointed by the said presbytery with respect to The First Presbyterian Church of Ridgebury vs. The trustees of the First Presbyterian Church and congregation of Ridgebury a/k/a Ridgebury Church and/or The Church at Ridgebury, trustees of the Presbyterian Church of Ridgebury, New York and the Ridgebury Presbyterian Church; and Lori Deblock, Les Kirby, Marie Knibbs, Dorothy Kwapong, Ronald Lyons, Theda Wolfe, The Rev. Robert W. Hoag and Stanley Wayne	N.Y. Supreme Court decision Notice of Cross-Motion for Summary Judgment Motion for appeal Answering brief Brief for appellates Motion to strike Opposition to motion to strike Motion to strike decision Appellate division decision New York Law Journal article EPC's Ridgebury asks for appeal
N.Y.	First Presbyterian Church of Oakfield, N.Y., vs. Presbytery of Genesee Valley	Presbytery's Web page of court documents First Presbyterian Church of Oakfield, N.Y., against the Presbytery of Genesee Valley Oakfield attorney's affidavit accompanying the reply Western N.Y. property battle ends
N.Y.	Lancaster Presbyterian Church v. Presbytery of Western New York	Presbytery's page of court documents Summons and complaint Lancaster appeal Presbytery's opposition PCUSA's opposition Lancaster reply to presbytery Lancaster reply to PCUSA Appellate court denies appeal Motion to appeal Presbytery's opposition PCUSA's opposition Lancaster departure price is $550K
Ohio	Hudson Presbyterian Church v. Eastminster Presbytery	Motion for a temporary restraining order Temporary restraining order Presbytery's request for a temporary restraining order Eastminster Presbytery's motion for summary judgment Hudson Presbyterian Church's motion for summary judgment Response of State of Ohio ex rel. Marc Dann, attorney general, to plaintiff's and defendant's motions for summary judgment Eastminster Presbytery's reply brief Hudson Presbyterian Church's reply brief in support of summary judgment in its favor and in opposition to Eastminster Presbytery's motion for summary judgment Hudson Presbyterian Church's separate reply brief to the response of Ohio Attorney General Marc Dann Magistrate's decision Judge Mary F. Spicer's order Appellate Court upholds ruling Notice of Appeal by Eastminster Eastminster's memorandum in support of jurisdiction Hudson Presbyterian Church's opposition to jurisdiction Supreme Court finalizes ruling
Ohio	Eastminster Presbytery vs. Stark & Knoll	Judgment and Order
Ohio	The PRESBYTERY OF OHIO VALLEY, INC. d/b/a the Presbytery of Ohio Valley d/b/a Ohio Valley Presbystery, and the Synod of Lincoln Trails of the Presbyterian Church (U.S.A.), Inc. d/b/a the Synod of Lincoln Trails, Inc., Appellants–Plaintiffs, v. OPC, INC. f/k/a Olivet Presbyterian Church, Inc. d/b/a Olivet Presbyterian Church d/b/a Olivet Evangelical Presbyterian Church d/b/a Olivet Presbyterian Church of Evansville, Olivet Evangelical Presbyterian Church of Evansville, Inc. d/b/a Olivet Evangelical Presbyterian Church, and the Evangelical Presbyterian Church d/b/a Evangelical Presbyterian Church of America, Appellees–Defendants.	Court of Appeals of Indiana opinion Amicus Curiae brief of the Presbyterian Lay Committee
Okla.	Kirk of the Hills Corporation, an Oklahoma not-for-profit corporation church vs. The Presbyterian church (USA) an unincorporated association, and (Tulsa) Eastern Oklahoma Presbytery of The Presbyterian Church (USA), f/k/a/ Presbytery of Tulsa or Presbytery of Eastern Oklahoma, an Oklahoma not-for-profit corporation church	Motion for Summary Judgment with Exhibits Eastern Oklahoma Presbytery's response Petition to the court PCUSA's Response and counterclaim Presbytery's affidavits on church property Transcript of decision heard Oct. 26, 2006 Defendant's response and objections
Oregon	Hope Presbyterian Church of Rogue River vs. Presbyterian Church (USA) and Presbytery of Cascades	Brief of Amicus Curiae Presbyterian Lay Committee in support of petition to review Petitioner on review's brief on merits
Pa.	Peters Creek United Presbyterian Church v. Washington Presbytery	Temporary injunction Complaint in Civil Action for Declaratory Judgment and to Quiet Title Emergency Motion for Preliminary Injunction Motion to Lift Temporary Injunction Order
Pa.	Presbyterian Congregation of Tredyffrin Township, in the County of Chester, Inc. v. Presbytery of Donegal, Inc.	Action to Quiet Title and Seeking Other Declaratory Relief
Pa.	Presbyterian Congregation of Upper Octorara, Inc., d/b/a/ Upper Octorara Presbyterian Church v. Presbytery of Donegal, Inc.	Action to Quiet Title and Seeking Other Declaratory Relief
Pa.	Presbyterian Congregation of Brandywine, in the Township of West Nantmeal, in the County of Chester, Inc. v. Presbytery of Donegal, Inc.	Action to Quiet Title and Seeking Other Declaratory Relief
Pa.	Church of St. James the Less vs. the Episcopal Church of the Diocese of Pennsylvania	Supreme Court of Pa., Eastern District opinion
Pa.	Memorial Park Presbyterian Church, v. Pittsburgh Presbytery	Complaint in Civil Action for Declaratory Judgment and to Quiet Title
Pa.	Presbytery of Beaver-Butler v. Middlesex Presbyterian Church, 489 A.2d 1317, 1323 (Pa. 1985)
Pa.	Presbytery of Donegal v. Calhoun, 99 Pa. Commonwealth, 300, 513 A.2d 531 (1986)
Pa.	Presbytery of Donegal v. Wheatley, 99 Pa. Commonwealth 312, 513 A.2d 538 (1986)
S.C.	All Saints Parish - Waccamaw vs. The Protestant Episcopal Church in the Diocese of South Carolina	Amicus Brief Ruling Petition for a writ of certiorari
Va.	In Re: Multi-circuit Episcopal Church Property Litigation	Brief of Amici Curiae General Council on Finance and Administration of the United Methodist Church, African Methodist Episcopal Church, African Methodist Episcopal Zion Church, Worldwide Church of God, the Rt. Rev. Charlene Kammerer, Bishop of the Virginia Annual Conference of the United Methodist Church, and W. Clark Williams, Chancellor of the Virginia Annual Conference of the United Methodist Church Other court documents Appeal cover letter AG appeal consent (diocese) Appellee appeal consent (diocese) Diocese appeal consent (diocese) AG appeal consent (EC) Appellee appeal consent (EC) Diocese appeal consent (EC) Brief in support of appellant (diocese) Brief in support of appellant (EC) Amicus Brief Decision of the 19th Judicial Circuit of VirginiaDecision of the 19th Judicial Circuit of Virginia