FONKEN v. COMMUNITY CHURCH OF KAMRAR

No. 68478.

339 N.W.2d 810 (1983)

Doris FONKEN, Alvin Van Langen, Lester Klaver, et al., Appellees, v. COMMUNITY CHURCH OF KAMRAR, Hamilton County, Iowa, et al., Appellants.

Supreme Court of Iowa.

October 19, 1983.


Attorney(s) appearing for the Case

W.K. Doran of Doran, Doran, Courter & Quinn, Boone, for appellants.

James L. Kramer and Thomas J. Bice of Johnson, Erb, Latham & Gibb, P.C., Fort Dodge, for appellees.

Larry J. Cohrt of Swisher & Cohrt, Waterloo, and Timothy Belz of Young & Belz, Clayton, Mo., for amicus curiae the membership of Colfax Center Presbyterian Church.

Considered en banc.


McCORMICK, Justice.

It is a paradox that disputes among church members, like disputes in families, can become emotional and bitter despite the high motives and essential decency of the people involved. When a schism occurs, the civil courts are sometimes asked to decide which faction is entitled to the property owned by the church. As the present case illustrates, the decision is difficult when church interests in property are not established through traditional legal...

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