As congregations historically affiliated with the Presbyterian Church USA and the Episcopal Church USA seek to realign with more conservative branches of their denominational families, court battles over property continue across the country.

At issue is often not the question of “ownership,” because in many cases the deeds are clearly in the name of the local church. What the denominations assert is a “trust” over the property which they assert has only been held by the local church for the larger body.

Texas

On Oct. 16, 2012 the Texas Supreme Court will hear oral arguments for both the Salazarand Masterson cases. Both cases involve Episcopal churches. The Salazar case involves the Episcopal Diocese of Ft. Worth which is seeking to realign en masse with the Anglican communion. The Masterson case involves Good Shepherd Episcopal Church of San Angelo which is also seeking to leave the ECUSA for a more conservative Anglican expression of the faith. At issue is the practice of Texas courts called “hierarchical deference.” In both cases the appeal is for the application of neutral principles of law which would favor those trying to retain the use of properties which they legally own, maintain, insure and use. The Presbyterian Lay Committee filed an amicus brief in the Masterson case, on behalf of the congregation.

North Carolina

In September 2008, the Presbytery of Western North Carolina filed suit against the Montreat Presbyterian Church (EPC). The case will go to trial on October 15, 2012.

The Montreat PC property is situated in the PCUSA’s flagship national retreat center which bears the same name. Montreat left the PCUSA to affiliate with the Evangelical Presbyterian Church (EPC) in 2007.

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