A main argument in both cases is that the denomination’s so-called “trust clause” was adopted after the congregations were formed, and therefore their property cannot be claimed in trust for the denomination without specific action to grant such a trial

The Evangelical Presbyterian Church (EPC) congregation in Lancaster, N.Y. (just east of Buffalo) has shifted from hoping to appeal its case in the state’s highest court to weighing its options moving forward.

On March 30, the N.Y. Court of Appeals denied Lancaster Presbyterian Church’s request for an appeal. The 188-year-old congregation had been battling since 2008 with the Presbytery of Western New York for the right to depart the Presbyterian Church (USA) with its property.

Lancaster left the largest American Presbyterian denomination in 2008 to join the more conservative EPC. It then sought a declaration from the courts that it holds title to its real and personal property, as well as a restraining order to protect its property during court proceedings. The presbytery responded with an administrative commission, formed to resolve the conflict.

In December 2008 the New York Supreme Court (which is not the state’s highest court) ruled that an express and implied trust existed on the property for PCUSA. Lancaster appealed two months later, and the appellate division of the court upheld the earlier decision.

In December 2009, Lancaster requested an appeal to New York’s highest court. With the March 30 denial, Lancaster’s attorney Lisa T. Sofferin said the congregation will need some time to consider its options.