Greater Fairview Missionary Baptist Church v. Hollins
Annotate this CaseGreater Fairview Missionary Baptist Church’s pastor, Danny Ray Hollins, was placed on paid administrative leave after he was accused of inappropriate sexual contact with a minor. The church decided to hold a vote on whether to retain Hollins as pastor. That vote originally was scheduled to take place in early 2013. But tensions arose in the church about Hollins’s status, giving rise to a “chaotic situation,” and the vote did not take place as planned. Instead, the church voted to allow the Deacons’ Ministry to form a legal committee and to hire outside legal counsel for assistance in resolving the internal conflict. On March 1, 2013, the day before the vote, Hollins filed a petition with the Chancery Court seeking “to enjoin any unauthorized and improper meetings and/or actions taken outside a properly called membership meeting.” The petition named the church and five deacons as defendants. Hollins asserted that the church planned to have a meeting on March 2 “to vote on a resolution discharging [him] as pastor.” He claimed that the vote would be invalid because (1) “there ha[d] been no certification of the list of members in good standing who would be entitled to vote . . .”; (2) absent such certification, adequate notice to eligible members could not be accomplished; and (3) the state denominational guidelines had not been followed because “there ha[d] been no attempts at Conciliation or other notice given to Plaintiff as pastor as required.” Hollins also claimed that he would be irreparably harmed if he was “voted out as Pastor,” in that his reputation would suffer, he would lose his income, and he would suffer emotionally. Finally, Hollins asserted that there was “a high likelihood [that he would succeed] in the merits of his case, namely that any meeting of church membership without proper certification of voter rolls and notice and adherence to all established guidelines is void . . . .” Hollins’s counsel certified that a temporary restraining order (“TRO”) was needed, that he had been unable to notice the defendants, that the defendants would not be prejudiced by the TRO, and that on “information and belief [the church] is not represented by counsel duly hired by the church membership.” The chancellor issued the TRO, "apparently without reading it." Five deacons and the church were named as defendants, the TRO was served on only four of the deacons (the agent for service of process for the church was deceased and could not be served). The TRO purported to enjoin “any membership meeting,” but the chancellor later explained it was intended to “restrain any vote that may take place.” The chancellor issued the TRO, but the church voted anyway and dismissed Hollins. The chancellor then vacated the vote and ordered the church to conduct another vote, this time with certain court-ordered procedures regarding notice, eligibility, vote-counting, and security. The Supreme Court granted the defendants’ motion for interlocutory appeal, and vacated Chancery Court’s orders in this case. Because Hollins’s request for a TRO presented a purely ecclesiastical controversy, the chancery court was without jurisdiction to hear it. As such, the Chancery Court erred in issuing the TRO and in vacating the vote and ordering a new one.
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