FOSS v. DYKSTRA

Nos. 13678, 14006.

342 N.W.2d 220 (1983)

John FOSS, Calvin Willemsen, Fred Schafer, Francis Parker, Roger Straatmeyer, Warren Ludeman, Ebenezer United Presbyterian Church, an ecclesiastical congregation, and the Presbytery of South Dakota of the United Presbyterian Church in the United States of America, a corporation, Plaintiffs and Appellants, v. Virgil DYKSTRA, Leroy Fett, Robert Steadman, Elroy Bossman, Fred Haan, Alvin Sinning, Joseph T. Miller, Stanley L. Plucker, Wendell H. Strasser, Limbertus Kingma, Wayne Kock, Duane Devries, Alvin Haan, J. Harley Miller, Keith Beeners, Joel Begeman, Jeff Haan, Paul Bossman, Phillip Fett and Ebenezer United Presbyterian Church of Lennox, S.D., a corporation, Defendants and Appellants.

Supreme Court of South Dakota.

Decided November 23, 1983.


Attorney(s) appearing for the Case

Russell R. Greenfield and James E. McMahon of Boyce, Murphy, McDowell & Greenfield, Sioux Falls, for plaintiffs and appellants.

W.J. Williamson of Williamson and Taber, Greenville, Ala., Richard Bogue of Rudolph & Bogue, Canton, for defendants and appellants.


MORGAN, Justice.

These actions arise from the Ebenezer United Presbyterian Church's withdrawal from the denomination of the United Presbyterian Church in the United States of America (UPCUSA). The faction of the Ebenezer Church remaining loyal to UPCUSA and the South Dakota Presbytery initiated this action against the schismatic faction consisting of named defendants and the Ebenezer Church corporation, seeking control of the local church's property.

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