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HOPE PRESBYTERIAN v. PRESBYTERIAN CHURCH

072707E2; A139430.

255 P.3d 645 (2011)

242 Or. App. 485

HOPE PRESBYTERIAN CHURCH OF ROGUE RIVER, a domestic nonprofit corporation, Plaintiff-Respondent, v. PRESBYTERIAN CHURCH (U.S.A.) and Presbytery of the Cascades, a domestic nonprofit corporation, Defendants-Appellants.

Court of Appeals of Oregon.

Decided April 27, 2011.

Attorney(s) appearing for the Case

Douglas Ethan Lumish , California, argued the cause for appellants. On the opening brief were James A. Wallan , and Hornecker, Cowling, Hassen & Heysell, LLP. With them on the reply brief were Yen P. Nguyen , Douglas Ethan Lumish , and Weil, Gotshal & Manges LLP.

James R. Dole , argued the cause for respondent. With him on the brief was Cauble, Dole, Sorenson & Ransom, LLP.

Before ORTEGA, Presiding Judge, and ARMSTRONG, Judge, and LANDAU, Judge Pro Tempore.

LANDAU, J. Pro Tempore.

This is a dispute between a church, the Hope Presbyterian Church of Rogue River (Hope Presbyterian or plaintiff), and the denomination from which it seeks to separate, the Presbyterian Church (USA) (PCUSA) and its regional presbytery, the Presbytery of the Cascades (collectively, defendants). At issue is the ownership of the real and personal property—including a church building and its contents—to which Hope Presbyterian

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