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HEARTLAND PRESBYTERY v. GASHLAND PRESBYTERIAN CHURCH

No. WD 73064.

364 S.W.3d 575 (2012)

HEARTLAND PRESBYTERY, A Missouri Nonprofit Corporation, et al., Appellants, v. GASHLAND PRESBYTERIAN CHURCH, A Missouri Benevolent Corporation, Respondent.

Missouri Court of Appeals, Western District.

Application for Transfer to Supreme Court Denied February 28, 2012.

Application for Transfer Denied May 29, 2012.

Attorney(s) appearing for the Case

Allan V. Hallquist and Kathryn C. Goldsmith-Lee , Kansas City, MO, for appellant.

Glen S. Masters , North Kansas City, MO, Michael K. Whitehead , Kansas City, MO, and Jonathan R. Whitehead , Lee's Summit, MO, for respondent.

Before: GARY D. WITT, P.J., and JAMES E. WELSH and ALOK AHUJA, JJ.

ALOK AHUJA, Judge.

Gashland Presbyterian Church, a local Presbyterian congregation, terminated its affiliation with the Presbyterian Church (U.S.A.) ("PCUSA"), a national religious denomination, and with the PCUSA's Heartland Presbytery. Heartland initiated this action against Gashland, claiming that Gashland held title to its church property in trust for the denomination. The circuit court dismissed Heartland's first amended petition for failure to state a claim...

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