Courts have ruled that Windwood Presbyterian Church’s sprawling campus on a busy corner in northwest Houston is held in trust for the Presbyterian Church (USA). The congregation’s trustees plan to appeal the decision.

Windwood Presbyterian Church in Houston has appealed the recent judgment in its property case against the Presbyterian Church (USA) and Presbytery of New Covenant.

The District Court of Harris County, Texas ruled against the 1,600-member congregation, which had asked the court to declare its rights to its property. The denomination and presbytery countered that Windwood’s property – which includes several buildings, a school and athletics fields on 57 acres – is held in trust for the PCUSA.

The court agreed, declaring that the PCUSA is a hierarchical denomination and Texas law applies the “hierarchical deference” rule to such cases. In states that use the “neutral principles” rule, courts commonly rule in favor of the congregation in property disputes.

“Their argument was that the state Texas is a hierarchical deference state and the Presbyterian Church is a hierarchical church, two facts which we believe are in dispute,” said the Rev. Kevin Rudolph, Windwood’s pastor. “But the judge did not see it that way. We’ll find out if the appellate court does.”

In its Oct. 6 request for a new trial, Windwood claims that the court erred in granting the summary judgment favoring the presbytery and denomination. Windwood argues that the PCUSA policy is in dispute and that Windwood is only seeking property disposition.

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