JCD 1142

http://archives.umc.org/interior_judicial.asp?mid=263&JDID=1262&JDMOD=VWD&SN=1100&EN=1181

In JCM 1127, the Council described a complete set of materials sent in by the West Michigan Conference bishop and secretary. The bishop’s report included reference to a question of law but the minutes did not. The Council remanded the case, something it has done but only when no minutes are sent along.

In this decision’s description, the minutes “reflect” the question of law…. I take this acceptance of jurisdiction to mean that the Council really wanted to assure the law was properly fulfilled . . . on a property matter. Not having seen what had been sent in either previously or for this review by the Council, I cannot make an accurate judgment about how precisely the documents fulfilled the requirements for jurisdiction. It appears that in its own discretion, the Council felt it would handle the case no matter what. Ah, the privilege of discretion….

The Council decided that because the annual conference has an identifiable interest in the protection and security of church properties exercised through being involved in the sale or mortgaging of church properties by requiring the District to be in the decision-making process, the conference has the right to require all churches to have the same insurance carrier. The three decisions cited as precedent were relevant.

With the movement around the country of certain congregations leaving the denomination over social issues like abortion and homosexuality and wanting to take their church property with them, this insurance issue allowed the Council to emphasize who really owns the local church property, the annual conference.