Tuesday, September 9, 2008

Judge rules in favor of EOP - Kirk WILL Appeal!

Judge Sellers ruled. Here is MY summary of the trial.

  • Judge had no questions for the two parties
  • Thank both parties for well written briefs.
  • Cimmaron court case is still in effect.
  • It has not been overturned, reversed in Okla.
  • Therefore Summary Motion for EOP is affirmed
  • And summary motion for Kirk is denied
  • If ruled on Hierarchical Principals - EOP/PCUSA wins
  • If ruled on Neutral Principals - ???? wins
    Presbyterian Outlook heard this as EOP wins?
    Can someone that was also there or has the transcript verify?
    The judge of course used legalize: Defendant/Plaintiff
  • Ruling delayed 20 days - for appeal, writing journal entry, and negotiations by each party
  • Kirk asked for court date if issues can not be resolved.

Impressions of the court case:

Kirk had about 70 people, 3 lawyers, Tom and Wayne were in the spectators seats.

EOP had 2 lawyers and PCUSA 1 lawyer and someone else. The Executive Presbytery was there along with 2 other people.

Court opened at 1:15, they had 5 pews of 8 people each and 5 chairs, there were 13 people standing, and 10 people waiting in the hall. They finally people sit in the Juror box and the extra side chairs by the EOP side. The Judge entered at 1:33 and concluded at about 1:50

Hearing set for Sept 18, 2008, 3:30pm for Supersedeas Bond and Settlement of Journal Entry.

A Supersedeas bond is a type of surety bond that a court requires from an appellant who wants to delay payment of a judgment until the appeal is over.

My independent legal counsel is very confident that Kirk will win on appeal. He thinks Judge Sellers, took the easy way out (90% of the judges would), and passed the buck to the appeals court.

I wish I knew what EOP offered to settle that Kirk turned down. My guess would be 10% of the property value plus back per-capita


jim_l said...

Thanks Jim. That is pretty much how I saw it. He also said that none of the actions taken by the Kirk took Cimarron out of the picture as precedant, which was interesting. As for the neutral principals part, I don't believe the judge said that - correct me if I am wrong. Now on to the next steps, whatever those are.....

Anonymous said...

Is EOP doing a little dance now, with all 5 of the KOTH members who now will have to somehow finance the new property they just won?

Anonymous said...

I meant to say, ex-church members.

Jim said...

Yes, I was shocked to hear the Judge say, that if neutral principals applied, Kirk would win. Sounds like He as begging to appeal. Hopefully, someone will check the transcript and verify.

My legal counsel says 90% of the Judge would rule the same, because, they are afraid of being appealed, Only a few would have the guts to go with the US Supreme Court, if the Okla Supreme Court had not ruled for neutral.

Toby, EOP leaders, especially 1st Tulsa are happy, but many other elders/pastors are ashamed and tired of the case, but are timid about speaking up. They have not had a vote since the AC was started.

Anonymous said...

Well, we will pray for the appeal then!

(And yes, EOP should be ashamed.)

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