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MASTERSON v. DIOCESE OF NORTHWEST TEXAS

No. 11-0332.

422 S.W.3d 594 (2013)

Robert MASTERSON, Mark Brown, George Butler, Charles Westbrook, Richey Oliver, Craig Porter, Sharon Weber, June Smith, Rita Baker, Stephanie Peddy, Billie Ruth Hodges, Dallas Christian, and the Episcopal Church of the Good Shepherd, Petitioners, v. The DIOCESE OF NORTHWEST TEXAS, The Rev. Celia Ellery, Don Griffis, and Michael Ryan, Respondents.

Supreme Court of Texas.

Delivered August 30, 2013.

Rehearing Denied March 21, 2014.

Attorney(s) appearing for the Case

Douglas Laycock , University of Virginia Law School, Charlottesville, VA, Thomas S. Leatherbury, Vinson & Elkins LLP, Dallas, TX, for Amicus Curiae General Council on Finance and Administration.

Sandra Cockran Liser , Naman Howell Smith & Lee PLLC, Fort Worth, TX, for Amicus Curiae The Episcopal Church.

Scott A. Brister , Andrews Kurth LLP, Austin, TX, for Amicus Curiae The Episcopal Diocese of Forth Worth.

David B. West , Cox Smith Matthews Incorporated, San Antonio, TX, Lloyd J. Lunceford , Taylor Porter Brooks & Phillips, L.L.P., Baton Rouge, LA, for Amicus Curiae The Presbyterian Lay Committee.

April L. Farris , Reagan W. Simpson , Yetter Coleman LLP, Austin, TX, George S. Finley , Smith Rose Finley PC, San Angelo, TX, for Robert Masterson.

Jim Hund , Linda Ruth St. Clair Russell , Hund Krier Wilkerson & Wright, P.C., Lubbock, TX, Guy D. Choate , Webb Stokes & Sparks, LLP, San Angelo, TX, for The Diocese of Northwest Texas.

Justice JOHNSON delivered the opinion of the Court, in which Justice HECHT, Justice GREEN, Justice GUZMAN, and Justice DEVINE joined, and in parts I, II, III-A, and V of which Justice WILLETT and Justice BOYD joined.

The question before us is what happens to the property when a majority of the membership of a local church votes to withdraw from the larger religious body of which it has been a part. In this case, title to property of the local church is held by a Texas...

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