Jerusalem Presbyterian Church and Arnold Benitez v. Mission Presbytery, Miles H. White, Ron Hogue, Ruben Armendariz, Wachovia Bank, N.A., and USAA Savings Bank--Appeal from 73rd Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-07-00875-CV
JERUSALEM PRESBYTERIAN CHURCH and Arnold Benitez,
Appellants
v.

MISSION PRESBYTERY, et al.,

Appellees
From the 73rd Judicial District Court, Bexar County, Texas
Trial Court No. 2007-CI-00233
Honorable Lori D. Massey, Judge Presiding

Opinion by: Phylis J. Speedlin, Justice

 

Sitting: Phylis J. Speedlin, Justice

Rebecca Simmons, Justice

Steven C. Hilbig, Justice

 

Delivered and Filed: April 30, 2008

 

AFFIRMED

Jerusalem Presbyterian Church and Arnold Benitez appeal the trial court's temporary injunction order that enjoins Benitez from taking possession and asserting ownership over church property. Because the issues in this appeal involve the application of well-settled principles of law, we affirm the trial court's judgment in this memorandum opinion.

1. Benitez first argues the trial court committed a clear abuse of discretion because the evidence conclusively establishes that Jerusalem Presbyterian Church is the owner of the property in dispute. We review the granting of a temporary injunction for a clear abuse of discretion without addressing the merits of the underlying case. Walling v. Metcalfe, 863 S.W.2d 56, 58 (Tex. 1993). The purpose of a temporary injunction is to preserve the status quo of the litigation's subject matter pending a trial on the merits. Butnaru v. Ford Motor Co., 84 S.W.3d 198, 204 (Tex. 2002). To obtain a temporary injunction, the applicant must show by competent evidence adduced at a hearing: "(1) a cause of action against the defendant; (2) a probable right to the relief sought; and (3) a probable, imminent, and irreparable injury in the interim." Id. In reviewing a temporary injunction, we will draw all reasonable inferences from the evidence in the light most favorable to the trial court's order. Ireland v. Franklin, 950 S.W.2d 155, 157 (Tex. App.--San Antonio 1997, no writ).

At the hearing on its application for temporary injunction, Mission Presbytery (1) presented evidence that, historically, all the property at issue belonged to Jerusalem Presbyterian Church (2) and was held in trust for the benefit and purposes of the Presbyterian Church (U.S.A.). The Presbyterian Church is an ecclesiastical church. It is governed by religious and hierarchical rules including the church's two-part constitution, the Book of Order and Book of Confessions. Organizationally, the Presbyterian Church is divided into four different ascending orders of governing bodies. The lowest level is the "session," which is the governing body at the local church, in this instance Jerusalem Presbyterian Church in San Antonio. Above the local church is the district governing body, or "presbytery," which has oversight over the churches and pastors within a specific geographical area; in this case, Mission Presbytery is the district governing body for Texas. The presbytery is governed by a regional body, or "synod." The final authority in this Presbyterian hierarchy is the General Assembly, which maintains authority over all the Presbyterian Church (U.S.A.) activities and ministry. Testimony was also presented that Jerusalem Presbyterian Church participated in the hierarchical life of the Presbyterian Church and abided by the Book of Order. (3) Documentary evidence was admitted, including a copy of the Book of Order which provides in relevant part, "all property held by or for a particular church . . . whether legal title is lodged in a corporation, a trustee or trustees, or an unincorporated association, . . . is held in trust nevertheless for the use and benefit of the Presbyterian Church (U.S.A.)."

Further evidence was presented that in 2005 Jerusalem Presbyterian Church began to have internal problems. Ruben Armendariz, an employee of Mission Presbytery, visited Jerusalem Presbyterian Church beginning in late 2005 as part of the Committee on Ministries to analyze and attempt to resolve the problems. As a result of his observations and reported concerns, and pursuant to the Book of Order, Mission Presbytery then appointed an Administrative Commission on April 3, 2006 to investigate the problem and determine whether the church could be rehabilitated. Ron Hogue, a lay member, was appointed co-chairman of the Administrative Commission. After numerous meetings over a period of seven to eight months, the Commission determined that Jerusalem Presbyterian Church should be involuntarily dissolved. Mission Presbytery, on behalf of the denomination and in accordance with the Book of Order, dissolved Jerusalem Presbyterian Church as a local church congregation on December 28, 2006. In January 2007, Mission Presbytery assumed control over both the real and personal property of Jerusalem Presbyterian Church, changed the locks, froze the bank accounts, and moved the corporate records to Mission Presbytery.

Nine months later, in October 2007, Benitez entered the property, removed the name "Jerusalem Presbyterian Church" from the sign on the front of the building and changed the sign to read "New Haven Christian Church," a non-denominational church. Benitez made additional alterations including changing the locks on the sanctuary and education buildings, filing a change of address with the post office for Jerusalem Presbyterian Church, converting gas, water and electric services into the name of New Haven Christian Church, and relocating furniture. Additionally, Benitez conducted worship services on the property, advertised the location via a web site as the new home for New Haven Christian Church, offered wedding services and the fellowship hall for rental, and solicited donations of money for repairs to the property. At the temporary injunction hearing, Benitez acknowledged he did not obtain permission for any of his activities from Mission Presbytery. Instead, he asserted that he had a lease to use the property from the elders of the Jerusalem Presbyterian Church, who he maintains are the "owners of the property and the Church in dispute."

Based on the evidence presented at the hearing, the trial court did not abuse its discretion in granting the temporary injunction and concluding that Mission Presbytery would likely prevail at a trial on the merits on the issue of ownership over all the former Jerusalem Presbyterian Church property, both real and personal. See Watson v. Jones, 80 U.S. 679, 727 (1871) ("whenever the questions of discipline, or of faith, or ecclesiastical rule, custom, or law have been decided by the highest of these church judicatories to which the matter has been carried, the legal tribunals must accept such decisions as final, and as binding on them, in their application to the case before them"); see also Church of God in Christ, Inc. v. Cawthon, 507 F.2d 599, 601-02 (5th Cir. 1975) (attempted transfer of the local church's property to the new church by trustees loyal to the deposed pastor was void). We overrule Benitez's first issue. (4)

2. Benitez next argues the trial court committed a clear abuse of discretion in issuing an injunction preventing Benitez from accessing Jerusalem Presbyterian Church's bank accounts at Wachovia Bank, N.A. and USAA Savings Bank because the banks did not seek an injunction, and Mission Presbytery failed to prove that it had any right or title to the funds. We disagree. Mission Presbytery sought and obtained a temporary injunction protecting all of Mission Presbytery's property. The evidence presented at the hearing showed that all property held by local churches such as Jerusalem Presbyterian Church is held in trust for the use and benefit of the Presbyterian Church (U.S.A.). Testimony established that Mission Presbytery, as the supervising presbytery, assumed control over the former Jerusalem Presbyterian Church property following the dissolution of the local church in accordance with the Book of Order. See Presbytery of the Covenant v. First Presbyterian Church of Paris, Inc., 552 S.W.2d 865, 871-72 (Tex. Civ. App.--Texarkana 1977, no writ) (recognizing that under the Presbyterian Church constitution, only the presbytery has the power to dissolve a local church). The Administrative Commission voted to freeze all financial assets, including bank accounts, certificates of deposit, and lock boxes, formerly held by Jerusalem Presbyterian Church in accordance with Presbyterian ecclesiastical law. Furthermore, the record establishes that Benitez was actively seeking to alter the status quo. Therefore, an injunction protecting all of the property, including bank accounts, was justified. We overrule this issue.

Because the record contains supporting evidence for the trial court's decision, we affirm the trial court's order granting the temporary injunction.

 

Phylis J. Speedlin, Justice

1. Initially, on January 5, 2007, Jerusalem Presbyterian Church and Arnold Benitez filed suit against Mission Presbytery, Miles H. White, Ron Hogue, Ruben Armendariz, Justin C. Hitchcock, Lockshop, Inc. d/b/a Alert Lock & Key, Wachovia Bank, N.A., and USAA Savings Bank seeking an injunction and declaratory judgment as to ownership of the property at issue. Mission Presbytery counterclaimed and subsequently requested its own injunction which is the subject of this accelerated appeal.

2. At its inception in 1960, the church was named Central Presbyterian; it was later changed to Jerusalem Presbyterian Church of San Antonio, Inc.

3. For example, Miles White, an ecclesiastical officer of the presbytery and records custodian for Jerusalem Presbyterian Church and Mission Presbytery, testified that in September 1960, Central Presbyterian Church requested permission from the then-supervising presbytery to change its name to Jerusalem Presbyterian Church.

4. Although not challenged on appeal, we note that the record also contains ample evidence that a temporary injunction preserving the status quo of the litigation's subject matter was necessary in order to prevent probable, imminent, and irreparable injury. See Butnaru, 84 S.W.3d at 204.