Louisiana Court Finds a New Orleans Presbyterian Church Can Keep Property

from Stand Firm by Jackie

A recent ruling by the Court of Appeals in Louisiana has affirmed a lower court decision that could prove to be pivotal in future court decisions concerning church property. Could this ruling, especially, with the recent andhorrific decision by the Georgia Supreme Court so fresh in our minds, be a shining light on a hill? That most excellent of resources, the Layman Online, provides some analysis on the issue:

But the decision of the court has even wider potential application as the Court of Appeal said that even if PCUS 6-8 did not apply to negate the trust clauses, state trust law must be followed in order to create an enforceable trust. In this case, the court determined that state trust law was not followed. The Court made it clear that the U.S. Supreme Court's decision in Jones v. Wolf did not say, as the Presbytery contended, that the mere addition of a trust clause in the denominational constitution sufficed to create a valid and enforceable trust.

Interestingly, the decision was marked Not for Publication, however, this was challenged and the court ruled that the decision is to be published.