Summary
The Supreme Court of Georgia affirmed an injunction ordering an election among members of an unincorporated church to determine control of church property. The court held that the amended complaint related back to the original complaint and established subject-matter jurisdiction because the dispute involved property rights. It further held that the trial court could identify eligible voters for the limited purpose of resolving the property dispute without impermissibly interfering in church doctrine or internal governance.
Holdings
- The amended complaint related back to the filing date of the original complaint because the record showed that the dispute over control and possession of church property existed before the original complaint was filed.
- The trial court acted within its subject matter jurisdiction by determining the plaintiff's standing, identifying the faction representing the church majority for property purposes, and memorializing an agreed membership list solely to conduct the property-control election.
Questions Presented
- Whether the amended complaint related back to the original complaint and established a property dispute sufficient to confer subject matter jurisdiction.
- Whether the trial court exceeded its subject matter jurisdiction by identifying church members eligible to vote in an election concerning control of church property.
- Whether a civil court may exercise equitable jurisdiction over a church dispute involving property rights when the action is brought on behalf of a majority of the congregation.
Disposition
affirmed
Cases Cited (9)
- Bolden v. Barton, 278 Ga. 831, 607 S.E.2d 889 (2005)(followed)
- Crumbley v. Solomon, 243 Ga. 343, 254 S.E.2d 330 (1979)(followed)
- Holiness Baptist Assn. v. Barber, 274 Ga. 357, 552 S.E.2d 90 (2001)(followed)
- Howard v. Johnson, 264 Ga. App. 660, 592 S.E.2d 93 (2003)(followed)
- Tyson v. McPhail Properties, Inc., 223 Ga. App. 683, 684-685(1), 478 S.E.2d 467 (1996)(followed)
- Gervin v. Reddick, 246 Ga. 56, 57(2), 59(5), 268 S.E.2d 657 (1980)(followed)
- Anderson v. Dowd, 268 Ga. 146, 147(1), 485 S.E.2d 764 (1997)(followed)
- Presbyterian Church in the U.S. v. Mary Elizabeth Blue Hull Memorial Presbyterian Church, 393 U.S. 440, 449, 89 S. Ct. 601, 21 L. Ed. 2d 658 (1969)(followed)
- United Baptist Church v. Holmes, 232 Ga. App. 253, 500 S.E.2d 653 (1998)(followed)
Cited In (0)
No citing cases on record yet.
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