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August 27, 2004  

California court says breakaway Methodist church can keep its property

by Kevin Eckstrom
Religion News Service

WASHINGTON — In what could be a landmark case in church property disputes, a California court has ruled that a breakaway Fresno congregation may keep its property after it decided to sever ties with the United Methodist Church.

      The decision by the 5th District Court of Appeal to award St. Luke’s Community Church custody over its building runs against most property dispute cases. Courts typically rule that local parishes do not own their property because they are held “in trust” for the denomination.

      Two years ago, a lower court ruled in favor of the denomination. “We agree with the earlier decision — that’s our position,” Bishop Beverly Shamana told the Fresno Bee. “The courts did what they felt they needed to do. We are considering our options.”

      In 2000, St. Luke’s voted to leave the denomination after its liberal-leaning local conference declined to press charges against clergy who performed same-sex union ceremonies. St. Luke’s leaders accused the church of ignoring its own constitution.

      St. Luke’s leaders said they had the right to alter the church’s incorporation documents. “We agree with St. Luke’s contention that it could and in fact did revoke the trust which had existed in favor of the United Methodist Church,” the court ruled.

      Shamana argued properties are held in trust to ensure that the denomination has a presence in local areas. “We are living in stress-filled times and the United Methodist Church ... is a spiritual presence we want to see maintained in the Fresno community,” she said in a statement.