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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.A12A2252
DecidedMarch 28, 2013
JudgesCourt of Appeals of Georgia
Tags
CivilProperty LawBusiness LawFirst AmendmentReligious LibertyCivil ProcedureStandingVacaturRemand
Case Summary

This companion appeal concerns control of Mount Zion Baptist Church’s property and is governed by the consolidated opinion in the related God’s Hope Builders appeals. Church members sought to challenge a conveyance of the church’s real estate and assets, but the trial court first had to determine whether they constituted a majority of the church and therefore had standing. The Georgia Court of Appeals held that the trial court had not clearly resolved that threshold question. Civil courts may decide nonprofit-corporate and property issues, but may not decide ecclesiastical questions about doctrine or religious discipline. The court vacated the dependent orders and remanded for a bylaw-based membership determination followed by a standing ruling. This docket is a companion appeal and does not present a separate holding beyond the consolidated opinion’s standing and church-property analysis.

Opinion

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