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Departing church gets to retain its property
Saturday, October 03, 2009

The congregation now meeting at the Peters Creek United Presbyterian Church is the legal owner of the church's property, even though it has voted to leave the Presbyterian Church (USA).

Washington County Common Pleas Judge Paul Pozonsky ruled Thursday the congregation could keep the property despite efforts by Washington Presbytery, members of the church who remain affiliated with the presbytery, and the national denomination to retain the property, which they say is legally held in trust by Washington Presbytery.

"The suit was decided totally in our favor," said Ray Peterson, spokesman for the Peters Creek church, which is made up of the majority of the original congregation before the 2007 division.

The congregation is now affiliated with the more theologically conservative Evangelical Presbyterian Church.

Representatives of Washington Presbytery and the minority group in the congregation could not be reached for comment.

The judge said that deeds to the church property at 250 Brookwood Road in the village of Venetia, spanning a period from 1809 through 2005, make no mention of property held in trust for any national denomination.

Since becoming affiliated with the PCUSA in 1983, the ruling says, the church has "never amended its corporate documents, charter or deeds to include any express trust provisions to benefit the PCUSA or the Washington Presbytery."

Mr. Peterson said there is still the possibility of further legal challenges from the presbytery.

"At this point, we don't know if the presbytery will appeal the court's decision," he said. "We hope that [all parties] can dedicate their time, effort and resources to the furthering of God's kingdom, rather than squandering them on further unnecessary legal battles."

Andrea Geraghty, attorney for the newly affiliated Presbyterian congregation, said the judge's ruling included the direction that the title of the church property is now "quiet."

"A quiet title is to confirm to the world that you own the property," she said.

Mr. Peterson, chairman of his congregation's legal committee, declined to say how much his church has spent on legal fees since first filing suit 21/2 years ago to maintain possession of the property.

"I can't tell the amount. I can tell you it's huge, absolutely huge. We feel that it's sad that it had to go this route."

Now, he said, his church is drafting a letter to the minority, to invite them back to worship.

"If they choose to stay with the PCUSA, we wish them well and welcome them back at any time."

According to the judge's ruling, the presbytery asked the court to decide that the majority group did not have the right to the property because "the minority of Peters Creek Church is the 'true church.'"

However, citing earlier Pennsylvania cases contesting church property, Judge Pozonsky found the general principles of Pennsylvania civil law apply in the Peters case. He said the issue of which is the "true church" is not necessarily relevant to who controls the civil organization.

He found some inconsistency in the PCUSA Book of Order -- the national church's constitution -- concerning its authority to resolve non-doctrinal property and corporate issues. He also found no mention of the PCUSA in the church charter.

Jill Daly can be reached at jdaly@post-gazette.com or 412-263-1596.
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First published on October 3, 2009 at 12:24 am