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Grace Presbytery, Highland Park Presbyterian Church settle lawsuit

Presbytery to receive $7.8 million; letter to members will give them ‘opportunity to remain affiliated with the PC(USA)’

September 10, 2014


Highland Park Presbyterian Church here will pay $7.8 million to Grace Presbytery in order to obtain both a release of its obligations under the Presbyterian Church (U.S.A.)'s trust clause and ecclesiastical dismissal from the denomination.

The settlement agreement ― which also includes an agreement between Highland Park and Grace Presbytery to send a joint letter to the members of Highland Park allowing them the opportunity to choose whether they wish to remain affiliated with the Presbyterian Church (U.S.A.) ― will resolve the pending lawsuit between Grace Presbytery and Highland Park.

The lawsuit involved a dispute between Highland Park and Grace Presbytery over whether the Presbyterian Church (U.S.A.)'s trust clause, which Highland Park agreed to abide by, is legally enforceable under Texas law. Ultimately, three experts in Texas trust law retained by Grace Presbytery agreed that Highland Park's agreement to hold its property in trust for the use and benefit of the denomination was enforceable under neutral principles of Texas law. 

In an attempt to privately resolve their disagreement before trial, Grace Presbytery and Highland Park entered into a mediation process presided over by former federal Judge Jeff Kaplan on Feb. 21 and Aug. 25, 2014. Judge Kaplan worked tirelessly to bring the parties to an agreement to resolve the case.

The parties reached an agreement in principle at mediation, which obtained final approval of the parties Sept. 8. The $7.8 million settlement figure represents 26% of Highland Park's “approximately thirty million dollars” of property, as alleged in Paragraph 18 of Highland Park’s amended petition filed in the lawsuit.

In response to the settlement, the Rev. Janet DeVries, general presbyter of Grace Presbytery, said, “We give thanks to God for this moment and trust that this settlement serves as a witness across the PC(USA) that the trust clause is an integral part of our constitution and will be taken seriously by Grace Presbytery. We are pleased to have been able to mediate this situation and avoid a court trial. We are grateful for the strong support of Grace Presbytery in this cause and colleagues across the larger church as well.”

Grace Presbytery wishes to thank the many of you who have shared your kind thoughts, prayers, and support during this difficult time of litigation filed by Highland Park. Throughout this process, we have sought to vindicate the connectional nature of the church, which is reflected by our Book of Order and which Paul described so well in 1 Corinthians 12: “Just as a body, though one, has many parts, but all its many parts form one body, so it is with Christ.”

Grace Presbytery believes that the resolution of this lawsuit has accomplished this goal, and fervently hopes that it can avoid all legal disputes with congregations in the future.

  1. 26 cents on the dollar settlement doesn't sound like a win for the presbytery or a deterrent in the future, sadly.

    by Cheryl Parrish

    October 13, 2014

  2. I think we should give Highland Park Presbyterian Church our cloak - and our underwear.... Shame on them.

    by Barbara Heptig

    September 24, 2014

  3. This is a great case of "lose and declare victory" on behalf of Grace Presbytery. The Presbytery couldn't face the possibility of losing in the trial court and recovering zero dollars. Highland Park had the better case. It recruited a legal opinion from the leading national scholar on trust law at the University of Texas, who carries weight in national legal circles. That opinion was 100% in favor of Highland Park. Highland Park has gotten away virtually "Scot Free." The total property value in issue was $77 million, $47 million of which was in a related but not controlled church foundation. It's a great settlement for Highland Park, as part of the Covenant Order of Evangelical Presbyterians, to go forward and "compete the hell" out of Grace Presbytery in church planting. Fred Fraley Dallas, Texas

    by Fred Fraley

    September 15, 2014

  4. I doubt that this comment will be posted. I've noticed in the past that this website won't post a comment that challenges the PC(USA) Zeitgeist, even if the comment is completely moderate and civil in tone, always a sure sign of an organization in decline. Rev. DeVries' comments are self serving and fail to give an accurate picture of these church property cases. Courts in half the states deem the PC(USA)'s trust clause unjust and won't enforce it. Colonial Presbyterian, a large, prominent church in Kansas City left the PC(USA) with its two valuable campuses and paid the presbytery nothing because the courts in that state deem the trust clause invalid. Rev. DeVries doesn't seem to grasp that the behavior of presbyteries and Episcopal dioceses during this era of realignment in old line denominations sounds the death knell of this kind of "connectionalism." Never again will Christians build buildings which belong to some denomination.

    by Jim Caraher

    September 11, 2014

  5. Your father would be both saddened and gladdened by this outcome, Jan. He would have been saddened because of Highland's decision, but he would have been glad that the presbytery prevailed in this matter. God's blessings to you and the member of Grace Presbytery.

    by Rev. Denise Group

    September 10, 2014