PRESBYTERY OF BEAVER-BUTLER v. MIDDLESEX


507 Pa. 255 (1985)

489 A.2d 1317

The PRESBYTERY OF BEAVER-BUTLER OF the UNITED PRESBYTERIAN CHURCH IN the UNITED STATES of America, et al., Appellees, v. MIDDLESEX PRESBYTERIAN CHURCH, et al., Appellants.

Supreme Court of Pennsylvania.

Decided April 3, 1985.


Attorney(s) appearing for the Case

Roger C. Wiegand, Kenneth C. Kettering, Reed, Smith, Shaw & McClay, Pittsburgh, for appellants.

Tom P. Monteverde, Jean C. Hemphill, Philadelphia, for amici curiae Presbyterian Church of Coatesville, J.R. Miller Presbyterian Church, Presbyterian Congregation of Faggs Manor.

William B. Ball, Harrisburg, for amicus curiae Pa. Catholic Conference.

Gregory M. Harvey, Morgan, Lewis & Bockius, Philadelphia, Lee C. McCandless, Butler, for appellees.

Ned J. Nakles, Latrobe, for Western Pa., W.Va. Synod et al.

W. Jack Williamson, Williamson & Williamson, Greenville, Ala., for Presbyterian Church in America.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.


OPINION OF THE COURT

McDERMOTT, Justice.

This is a dispute over the ownership of church property. The issue presented is whether the members of a local church which has been affiliated with a national denomination can retain ownership of the assets and property of that local church after having terminated their membership in that denomination.

The principal appellant1 is the Middlesex Presbyterian Church ("Middlesex"...

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