GRACE EV. LUTH. CH., RIVER FOREST v. LUTH. CH.-MO. SYNOD

No. 81-1851.

118 Ill. App.3d 151 (1983)

454 N.E.2d 1038

GRACE EVANGELICAL LUTHERAN CHURCH OF RIVER FOREST, ILLINOIS, Plaintiff-Appellee and Cross-Appellant, v. THE LUTHERAN CHURCH — MISSOURI SYNOD et al., Defendants-Appellants and Cross-Appellees.

Appellate Court of Illinois — First District (4th Division).

Rehearing denied October 17, 1983.


Attorney(s) appearing for the Case

Wesley S. Walton and Ward A. Meythaler, both of Chicago (Keck, Mahin & Cate, of counsel), for appellants.

Edward T. Joyce and Richard S. Reizen, both of Chicago (Joyce and Kubasiak, P.C., of counsel), for intervenors-appellants Wilbur Werling, Carl Driessnack, Loren Saar, and Henry Eickelberg.

James A. Serritella, James A. Klenk, and Donald A. Vogelsang, all of Chicago (Reuben & Proctor, of counsel), for appellee.


Judgment affirmed.

PRESIDING JUSTICE ROMITI delivered the opinion of the court:

This is an appeal by all parties from an order of the circuit court of Cook County declaring an option agreement to be valid and legally binding, but also declaring that a particular provision of that option agreement was unenforceable at law because such enforcement would necessitate an impermissible intrusion by the court into matters of religious doctrine and polity.

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