tag:blogger.com,1999:blog-8471945807770665088.post3069504794776191212..comments2023-02-16T03:46:06.845-06:00Comments on Presbylaw.: LAWYER Help Wanted - hierarchical states?Jimhttp://www.blogger.com/profile/18354426127012631182noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-8471945807770665088.post-65796457746565099362008-08-20T11:39:00.000-05:002008-08-20T11:39:00.000-05:00Add TennesseeAdd TennesseeJameshttps://www.blogger.com/profile/17696309396141116861noreply@blogger.comtag:blogger.com,1999:blog-8471945807770665088.post-4893080148387119412008-08-12T16:55:00.000-05:002008-08-12T16:55:00.000-05:00I am no attorney, but know that courts have decide...I am no attorney, but know that courts have decided both for and against churches in these property disputes with their denominations.<BR/><BR/>The 1979 Supreme Court case "Jones vs Wolf" apparently gives state courts the authority to resolve cases involving church property ownership. This ruling came after the "Cimmaron" case which was decided in Oklahoma in 1973 and is EOP's major argument for a ruling in their favor. <BR/><BR/>Check out pages 26-29 of the Kirk's Motion for Summary Judgment which presents an argument for "neutral principles of law" in deciding church property cases in Oklahoma.<BR/><BR/>The crucial question is whether religious corporations are subject to the same state property and corporation laws as everyone else. Or can a denomination make itself a party to a trust simply by passing and inserting a "trust clause" in its official publication with no paperwork and no consent of the corporation holding legal title to the property?<BR/><BR/>If you were a member of the XYZ Club, how would you like them making themselves the owner of your home, possessions, and bank account, without your consent, by inserting a trust clause in their by laws?<BR/><BR/>A Kirk memberAnonymousnoreply@blogger.com