Oregon Supreme Court: Hope Presbyterian Church of Rogue River v. Presbyterian Church (U.S.A.)

Lewis & Clark Law School Podcast: Oregon Supreme Court: Hope Presbyterian Church of Rogue River v. Presbyterian Church (U.S.A.) and Questions from the Audience Following Arguments The Oregon Supreme Court held a session at Lewis & Clark Law School to hear two cases. This case is Hope Presbyterian Church of Rogue River v. Presbyterian Church (U.S.A.). On review, the issues are:

1. Whether Oregon follows the majority of states, which apply the “neutral principles” approach to church property disputes, or instead follows the minority of states, which apply the “hierarchical deference” approach to church property disputes.
2. Whether the Court of Appeals correctly held that, based on the appropriate legal approach, a trust was created over all of plaintiff’s real and personal property, in a legally cognizable form.
3. Whether the Court of Appeals erred in disregarding the distinction between the corporate owner of a church’s real and personal property, and a church congregation.
4. Whether ORS 130.505(1) permits a corporation-settlor of an alleged trust to revoke that trust, when the terms of the trust do not expressly provide that it is irrevocable.
5. Whether the effect of the decision of the Court of Appeals is to create a special class of religious trust, in contravention of Article I, Sections 2 and 3, of the Oregon Constitution..