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HOPE PRESBYTERIAN v. PCUSA

(CC 07-2707-E2; CA A139430; SC S059584).

291 P.3d 711 (2012)

352 Or. 668

HOPE PRESBYTERIAN CHURCH OF ROGUE RIVER, a domestic nonprofit corporation, Petitioner on Review, v. PRESBYTERIAN CHURCH (U.S.A.) and Presbytery of the Cascades, a domestic nonprofit corporation, Respondents on Review.

Supreme Court of Oregon.

Decided November 29, 2012.

Attorney(s) appearing for the Case

James Dole of Dole, Sorenson, Ransom & Ferguson, Grants Pass, argued the cause and filed the brief for petitioner on review.

Christopher J. Cox of Weil, Gotshal & Manges LLP, Redwood Shores, California, argued the cause for respondents on review. James A. Wallan of Hornecker, Cowling, Hassen & Heysell, LLP, Medford, and Yen P. Nguyen of Weil, Gotshal & Manges LLP filed the brief.

W. Michael Gillette of Schwabe, Williamson & Wyatt P.C., Portland, argued the cause and filed the brief for amicus curiae Presbyterian Lay Committee. With him on the brief were Jill S. Gelineau and Sara Kobak of Schwabe, Williamson & Wyatt P.C. and Forrest A. Norman of Gallagher Sharp, Cleveland, Ohio.

Paul A. Dakopolos and Joan W. Reese of Garrett Hemann Robertson P.C., Salem, filed the brief for amicus curiae Episcopal Diocese of Oregon.

Before BALMER, Chief Justice, and DURHAM, DE MUNIZ, KISTLER, WALTERS, and LINDER, Justices.

BALMER, C.J.

This case requires us to decide whether a local church or the national church from which it seeks to separate owns certain church property. Hope Presbyterian Church of Rogue River (Hope Presbyterian) is the name of a church congregation and a related nonprofit corporation. The congregation has been affiliated with a national Presbyterian Church organization since its founding in 1901, most recently affiliating with the Presbyterian Church (U.S.A.) (PCUSA...

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