PRESBY. of BEAVER-B. v. MIDDLESEX P. CH.

No. 1740 C.D. 1982.

80 Pa.Commw. 211 (1984)

The Presbytery of Beaver-Butler of the United Presbyterian Church in the United States of America et al., Appellants v. Middlesex Presbyterian Church et al., Appellees.

Commonwealth Court of Pennsylvania.

February 10, 1984.


Attorney(s) appearing for the Case

Gregory M. Harvey, with him George W. McKeag and Elizabeth L. Hoop, of counsel, Morgan, Lewis & Bockius, and Lee C. McCandless, McCandless, Krizner & Price, for appellants.

Kenneth C. Kettering, with him Roger C. Weigand, Reed, Smith, Shaw & McClay, and James A. Taylor, Murrin, Murrin & Taylor, for appellees.

Tom P. Monteverde, with him Jean C. Hemphill, Monteverde, Hemphill, Maschmeyer & Obert, for Amici Curiae, The Tenth Presbyterian Church of Philadelphia, The Presbyterian Church of Coatesville, The Faggs' Manor Presbyterian Church and J. R. Miller Memorial Presbyterian Church.

Argued October 3, 1983, before Judges ROGERS, CRAIG and DOYLE, sitting as a panel of three.


OPINION BY JUDGE ROGERS, February 10, 1984:

The question of this appeal is that of whether a majority of the members of the congregation of a local church, having decided to leave the denomination with which the local church has been in union, may retain possession and control of the property appertaining to the local church; or whether in such event possession and control of the property passes to the competent...

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