The PC(USA) is relying on the presence of a trust clause in the congregation’s charter. However, the Church argues that such laws are not recognized under Texas law. Furthermore, the Congregation is relying on the recent Texas Court rulings that determined Congregations may split from their denominations if their incorporation by-laws allow them to do so.

Various courts have recently handed down legal victories for local congregations who wish to maintain control of their property despite differences with their denomination. Two decisions in Texasand a third in Illinois have allowed conservative Episcopal congregations to separate from the Episcopal Church and retain control of their Church buildings.

A court in Dallas may soon follow in their steps and issue a fourth victory. The Highland Park Presbyterian Church, located in Dallas, hopes the recent decisions by the State Supreme Court will protect their right to Church property if they decide to leave the Presbyterian Church (USA). The congregation has filed a lawsuit in Dallas County District Court seeking protection of church property and asking the court to declare that the right to control the property belongs to HPPC and not the church’s denomination

“Recent actions and statements by a regional governing body of the PC(USA) led us to believe it might try to interfere with our denominational discussion,” says Mike Crain, chairman of the church’s board of trustees. “We felt it was wise to take steps to allow our process to move forward without outside influence.”

A Dallas County District Court judge granted the church a temporary restraining order for 13 days that effectively bars the PC(USA) from interfering with the Congregation or their property.

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