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God'S Hope Builders, Inc. Et Alv.Mount Zion Baptist Church Of Oxford, Georgia, Inc. Et Al

CourtCourt of Appeals of Georgia
Docket No.A12A2202
DecidedMarch 28, 2013
JudgesCourt of Appeals of Georgia
Tags
CivilProperty LawBusiness LawFirst AmendmentReligious LibertyCivil ProcedureStandingVacaturRemand
Case Summary

A dispute over control of Mount Zion Baptist Church’s property produced three consolidated appeals after the church’s sole corporate director conveyed its real estate and assets to God’s Hope Builders, a related nonprofit. Church members sought to set aside the conveyance and obtain injunctive relief, but the trial court first had to determine whether they represented a majority of the church and therefore had standing. The Georgia Court of Appeals held that the trial court had not made that threshold determination clearly enough. Although civil courts may resolve nonprofit-corporate and property questions, they may not decide ecclesiastical matters such as the subjective meaning of church doctrine or internal religious discipline. The trial court’s order treated membership evidence inconsistently and appeared to bypass the majority question altogether. The appellate court therefore vacated the order, the partial summary judgment, and the supersedeas-bond order because each depended on the unresolved standing issue. On remand, the trial court was directed to determine membership under the bylaws without deciding religious questions, then decide whether the plaintiffs constituted a majority. The judgment was vacated and remanded with direction.

Opinion

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