“The evidence shows that the deed and documents of ownership specifically provide that the real and personal property at issue in this case are held solely by the Olivet congregation rather than in trust for the PCUSA”

Citing conflicting interpretations of the Presbyterian Church (USA) Book of Order, and affirming that the First Amendment of the U.S. Constitution prohibits civil court interpretations of ecclesiastical documents, Indiana Judge Carl Heldt of the Vanderburgh Circuit Court has rejected PCUSA claims to a local church’s property.

At issue was an attempt by the Presbytery of Ohio Valley and the Synod of Lincoln Trails to seize property belonging to the Olivet Presbyterian Church, a former PCUSA congregation in Evansville, Ind., that left the denomination in order to join the Evangelical Presbyterian Church. Heldt rejected claims based on a “trust clause” in the PCUSA constitution and based his ruling in favor of the local church on “neutral principles of law.”

“The evidence shows that the deed and documents of ownership specifically provide that the real and personal property at issue in this case are held solely by the Olivet congregation rather than in trust for the PCUSA,” said the court.

In a letter to The Layman, Olivet Pastor Dave Mills said, “We are grateful for the verdict that the court agrees with what we had understood from the beginning – that indeed Olivet has always been and should continue to be God’s steward of this property.”

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