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May/June 2004 |
Judge upholds Alaska Missionary Conference property rights
Court rules conference controls disposition of former Fairbanks church
FAIRBANKS, Alaska - Alaska Superior Court Judge Richard D. Savell has sided with the Alaska Missionary Conference in its property dispute with members of a former congregation in Fairbanks.
In a 27-page decision released April 13, Savell upheld the conference's right to control the disposition of the property of the former St. Paul United Methodist Church in Fairbanks.
In 2002, the Alaska Missionary Conference voted 61-1 in favor of discontinuing the church. After that action, some members of the former congregation denied the conference access to the properties. The conference then went to court to assert its right of ownership of the property.
In his decision, Savell ruled, "the property belongs to the AMC (Alaska Missionary Conference)" and ordered that the name of the dissident congregation, "St. Paul, Inc." be removed from the title of the property. He also ruled that the board of trustees of the Alaska Missionary Conference be listed as the legal, titled owner of the property.
"This is the right decision," said the Rev. Rachel Lieder Simeon, superintendent of the Alaska Missionary Conference. "This has been a long and arduous process. We are deeply grateful for the prayers that have been offered as we have moved through this difficult time.
"We are very pleased that the actions taken by the Alaska Missionary Conference concerning this issue have been upheld in both the civil court and by our own Judicial Council.
"While we were confident that the courts would uphold church law, we recognize that this decision is painful for those who sought a different result, and hope for some healing to occur as this process concludes."
Lieder Simeon said the Alaska Missionary Conference intends to continue to use the properties at issue to further ministry in Fairbanks. The conference will work with the defendants to implement an orderly transfer of the property back to the conference.
While an appeal may be filed, Lieder Simeon said the conference is confident that Savell's ruling will be upheld.
Savell upheld the Alaska Missionary Conference's argument that the case should be decided using the U.S. Supreme Court's "neutral principles" test without resorting to any analysis of doctrine or theological position.
In his decision, Savell referred to sections of church law in The United Methodist Book of Discipline regarding the ownership of property. He ruled that the section of church law, known as the Trust Clause, "contains no references to any theological tenets" and are "wholly secular" in their application to property.
Savell's decision follows a United Methodist Judicial Council decision that upheld the conference's right to discontinue using the property.
The judge's decision was posted on the United Methodist News Service Web site in April at www.umns.umc.org.
For more information, contact the Rev. Rachel Lieder Simeon, Superintendent of the United Methodist Alaska Missionary Conference.
Last updated on May 17, 2004