A Tulsa, Okla., megachurch lost a two-year property battle in court Tuesday when the county district judge ruled in favor of the Presbyterian Church (U.S.A.).
Judge Jefferson Sellers ruled that the the Kirk of the Hills church property belongs to the PC(USA) and the Eastern Oklahoma Presbytery, a regional body of the denomination, and not the local congregation.
The 2,400-member Kirk of the Hills congregation, which was the second largest church in the regional presbytery, has been in legal battle over the property since it split from the PC(USA) in August 2006. After an overwhelming vote to leave the denomination, citing concerns that the denomination is drifting from its biblical base, the local church sued both the PC(USA) and the regional presbytery to retain ownership of the more than 100,000-square-foot building.
Tuesday's court decision didn't come as a surprise to the Kirk of the Hills leadership.
“We are disappointed by this decision, but not surprised," co-pastor Tom Gray said in a statement. "We are hopeful that the Oklahoma Supreme Court will correct this injustice."
The church said they will appeal the decision.
"All we have wanted was to keep the property we purchased and have considered our home for worship, teaching and fellowship for these many decades," Gray stated. "We will continue to stand firm on the teachings of the Holy Bible and look to the Lord for our strength."
Kirk of the Hills, which is now a part of the more conservative Evangelical Presbyterian Church, paid for the property over the last four decades, according to the church's statement. But the PC(USA) has maintained that all property of Presbyterian churches is held in trust for the denomination, citing its constitution.
"The court affirmed the concept that individuals may leave the church, but they cannot take the church property with them," said Craig Hoster, attorney for the Eastern Oklahoma Presbytery, according to Tulsa World. "We will now begin the orderly transition of the church property to the Presbytery."
The thousands of Kirk of the Hills members will be able to worship at the church property this weekend, but the local congregation will work with the PC(USA) and EOP regarding future activities at the church during the appeal.
"We're praying for and seeking God's will," said co-pastor Wayne Hardy, as reported by Tulsa World. "The church is doing very well. The congregation is doing very well, and they're behind us."
Besides Kirk of the Hills, 23 other churches have left the PC(USA) and realigned with the Evangelical Presbyterian Church, according to the local church statement.
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farout, while that is true with many SBC churches, I've only seen it enforced when a church was simply choosing to sell the property or building and not when a church chooses to leave the association or even the denomination.
The practice of keeping the property of a church by the demomination is not unique to PC(USA). Southern Baptist, Americian Baptist have gone the same way many times. The major difference now is this is a very large church that gets some national attention.
When we sign papers to join a denomination this locks all furture members into what we signed, best to make very sure what we agree to is what those furture generations because they will also be bound by the agreement.
"Is there a person who is the final judge who holds the Keys of the Kingdom of Heaven and is guided into all Truth and the gates of Hell shall not prevail against it"
That would be Christ.
" 'We are disappointed by this decision, but not surprised,' co-pastor Tom Gray said in a statement. 'We are hopeful that the Oklahoma Supreme Court will correct this injustice.' "
"But the PC(USA) has maintained that all property of Presbyterian churches is held in trust for the denomination, citing its constitution."
In the late 70s, the PCUSA went to the concept that all PCUSA church property was the property of the denomination. It is in their constitution. We had 2 churches that left the PCUSA at that time and formed PCA churches. They had to leave their buildings behind.
One of those churches of about 800 people ended up with 2 families staying with the building. The PCUSA has been about earthly things for decades. They accept many unBiblical things as practice in their church.
Unfortunately, this church is not going to be able to keep it's building because it's a matter of contract between the people and the PCUSA that the building does not belong to the congregation.
As a former Reformed minister, I see this as a sad day. Yes, the PCUSA if it paid for the building has every right to it, but here the Kirk Church hasn't strayed from the Biblical moral teachings of Christ, while PCUSA has no moral compass anymore, Ie; sex before marriage ok, gay unions ok, abortion ok, women in ministerial positions ok, etc, etc.
Both the Kirk of the Hills Church and PCUSA both say they go by the Bible alone, and yet they couldn't be more different. WHY? If the Holy Spirit is leading them into Truth, then the Holy Spirit is clearly not leading one of them since they both can't be right.
There needs to be a final authority who has the power given by Christ to bind and loose and to interpret infallibly the TRUTH. Do you have a person like this?
For 500 years we've done nothing but splinter and splinter to make most of the mainline denominations insignificant. Many congregations whether it is evangelical or mainline are simply dying out because of so many splits.
Is there a Church that has the authority given by Christ personally to bind and loose doctrine of faith and morals? Is there a person who is the final judge who holds the Keys of the Kingdom of Heaven and is guided into all Truth and the gates of Hell shall not prevail against it? Yes there is! I found it.
The choice to leave a demonination should be an American right, but who keeps the property should be who bought and paid for it. I don't think kicking the congregation out sounds very Christian.
chigger, easy for you to say since you side with the PCUSA, but what their doing although it is legally right is both ethically as well as morally wrong. But the reality is that the Kirk Church will survive this and become an even stronger force for the cause of Christ because they are doing what is right in the sight of God by standing against sin and declaring that when Christ declared Himself to be the Way, the Truth, and the Life and that no one can come to the Father but through Him, He meant it. The PCUSA may have won the battle but because they have already lost the war.
PCUSA is firmly within its rights and the decision upholds this. For the many decades during which it functioned as a PCUSA congregation, Kirk of the Hills understood what the PCUSA constitution clearly stated: that congregations hold physical properties in trust for the Presbytery. But, that being said, there is a matter deeper than the physical or fiscal dimension. In the spirit of grace and good will, PCUSA should've ceded the property to the members of Kirk of the Hills. I am an ordained PCUSA minister who is in deep disagreement with Kirk of the Hills's theology, but, at the end of the day, Christians should find a way to agree to disagree. As Americans, though, we (whether on the left or the right) view money and property as far more important than than the further-reaching dimensions which lie beyond the physical. I've heard a good number of pastors from various denominations say, "I'd leave this denomination if it wouldn't cost me my pension." Good thing our forebears in the faith didn't say things like, "I'd prophesy but it might not be cost effective" or "I'd get up on that cross but it'll diminish my assets."
I will be watching this story. I have known people over the years that are members of the Kirk and love the pastors and the people. They are good people. When they upgraded their property is cost millions and millions of dollars. I do not remember the amount but I remember the building project. It would be an insult to try and sell the property back to them knowing how much they already paid for it. I do not know what they would do if they had that offer.
There is nothing in the word that supports denominations. They have been formed mainly because of disagreement of what the Bible says. The only distinctions I can find in there is where the church was located, not differences in doctrine. I know I have no plans to be a member of a church in a denomination again. However the Lord knows my future. I just see them as prison and control institutions. When corrupt leaders get a hold of the group they abuse the followers. They are a perfect setup for persecution for righteousness.
hierwin, I agree that worship teams as such are not clearly defined in the Bible. However I think you agree that worship is:) You can add youth ministry, children's church, family churches and the like.
Whether the PCUSA is the 'real' presbyterian church or not. The denomination here is in the USA is teaching that there are many ways to God. When a 'Christian' denomination asks the attenders of a leadership conference to pray to Gaia they have entered into heresy. This was the last straw for Pastor Tom. After that conference in 2006 he presented the situation to the people. First he and Pastor Hardy left the denomination. Then they asked if the congregation would leave. only a small percentage decided to stay with the denomination.
The Bible is clear about what people are to do when people deny that Jesus is the Christ or preach false doctrine. It says to flee, run or whatever a particular version of the Bible calls leaving or departing from them. The Kirk obeyed the Bible. Those that chose to remain went against the Bible.
The PCUSA may be the original church but they are no longer Christian.
i guess the PCUSA will be the proud owners of an EMPTY building! Odds are they will "sell" the building to Kirk and rape the congregation...who already paid for the building with their blood, sweat, tears, and dollars.
God will deal harshly with the devils in the leadership of the pc(usa).
I am not a Presbyterian, But I do believe that this congregation has been wronged. I have seen this type of thing twice before.
It is not Biblical for a denomination to take property from the people who in many cases given their long time support to make a ministry what it is.
But once you enter into a legal contract you are most often bound by it.
Independent Ministries are growing by leaps and bounds, This is one reason why.
Did Jesus start "worship teams?" This clubby, inclusive "churchspeak" can be so stultifying.
These people are the spiritual kin of the "Church of Scotland" when it used to be quoted in the London "Times" criticizing Prince Philip for playing golf on Sunday or some other heresy. The casual "Times" reader thought this was the official policy of the Church of Scotland, when, in fact, it was the Wee Frees or some other hived-off group of Calvinists. It was not the actual Church of Scotland. By the same token, the Kirk folk are not the "real" Presbyterian Church in this country. That group is the Presbyterian Church (USA).