Summary
The Alabama Supreme Court affirmed without opinion a summary judgment concerning ownership and control of church property following a schism within an Assemblies of God congregation. The dissent argued that the dispute was ecclesiastical and that civil courts lacked subject-matter jurisdiction because resolving it would require adjudicating church doctrine, membership, governance, and ministerial authority.
Holdings
- The Supreme Court of Alabama affirmed the Geneva Circuit Court's summary judgment.
Questions Presented
- Whether the trial court properly entered summary judgment for the Alabama District Council of the Assemblies of God, Inc., and Burns Assembly of God Church in the church-property dispute.
- Whether Alabama courts had subject-matter jurisdiction to adjudicate the dispute, an issue raised by Chief Justice Moore's dissent but not addressed in the per curiam majority opinion.
Disposition
affirmed
Cases Cited (16)
- Ex parte Smith, 438 So. 2d 766, 768 (Ala. 1983)(cited in dissent)
- Abyssinia Missionary Baptist Church v. Nixon, 340 So. 2d 746, 748 (Ala. 1976)(cited in dissent)
- State ex rel. McNeill v. Bibb St. Church, 84 Ala. 23, 33, 4 So. 40, 40 (1888)(cited in dissent)
- Yates v. El Bethel Primitive Baptist Church, 847 So. 2d 331, 352 (Ala. 2002)(cited in dissent)
- Gewin v. Mount Pilgrim Baptist Church, 166 Ala. 345, 349, 51 So. 947, 948 (1909)(cited in dissent)
- Reorganized Church of Jesus Christ of Latter-Day Saints v. Church of Christ, 60 F. 937, 953 (8th Cir. 1894)(cited in dissent)
- Atkins v. Walker, 284 N.C. 306, 314, 200 S.E.2d 641, 646 (1973)(cited in dissent)
- Western Conference of Original Free Will Baptists of N.C. v. Creech, 256 N.C. 128, 140, 123 S.E.2d 619, 627 (1962)(cited in dissent)
- Hundley v. Collins, 131 Ala. 234, 245, 32 So. 575, 579 (1902)(cited in dissent)
- Watson v. Jones, 80 U.S. (13 Wall.) 679, 729 (1871)(cited in dissent)
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