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ERVIN v. LILYDALE PROGRESSIVE MISSIONARY

No. 1-03-1594.

813 N.E.2d 1073 (2004)

351 Ill. App.3d 41

286 Ill.Dec. 380

Rubin ERVIN, Plaintiff-Appellant, v. LILYDALE PROGRESSIVE MISSIONARY BAPTIST CHURCH, an Illinois Corporation, Defendant-Appellee.

Appellate Court of Illinois, First District, First Division.

July 12, 2004.

Attorney(s) appearing for the Case

W. Anthony Walker, Chicago, for Appellant.

Claude B. Kahn, Chicago, for Appellee.

Justice McNULTY delivered the opinion of the court:

This appeal arises from a simple set of undisputed facts. In 2003, a church's board members voted to remove a pastor from his pastoral duties. The church's bylaws provided that the congregation could vote to terminate a pastor's service, and no provision permitted the board to terminate a pastor's service without a vote of the church's members. The pastor sued for an injunction to prevent the church from terminating...

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