Grace Presbytery's notice of removal

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION HIGHLAND PARK PRESBYTERIAN CHURCH INC., Plaintiff, v. GRACE PRESBYTERY, INC., Defendant. § § § § § CIVIL ACTION NO. 3:13-cv-3813 § § § § §

NOTICE OF REMOVAL Defendant Grace Presbytery, Inc. (“Grace Presbytery”) hereby files this Notice of Removal to the United States District Court for the Northern District of Texas, Dallas Division. Plaintiff alleges that it is entitled to relief as a result of Grace Presbytery’s alleged violations of “free speech rights guaranteed by the First and Fourteenth Amendments to the United States Constitution, the religion clauses of the First Amendment to the United States Constitution, [and] the due process guarantees of the Fourteenth Amendment to the United States Constitution.” (Pet. at ¶ 64.). Plaintiff’s claims pose federal questions and removal of this action is proper. See 28 U.S.C. §§ 1331, 1441(a). INTRODUCTION Plaintiff Highland Park Presbyterian Church Inc. (“Plaintiff”) filed its Original Petition and Application for Injunctive Relief (“Petition”) on September 10, 2013 in the 298th Judicial District Court of Dallas County, where the lawsuit was assigned Cause No. DC-13-10605. The same day, Plaintiff faxed Grace Presbytery a copy of the Petition.

NOTICE OF REMOVAL

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Plaintiff is a local congregation within the Presbyterian Church (USA) denomination (the “PCUSA” or “denomination”). (Pet. at ¶ 8.) Grace Presbytery is a district administrative unit (“presbytery”) of the PCUSA. (Pet. at ¶ 7.) In this action, Plaintiff seeks declaratory and injunctive relief on issues of internal church governance concerning Grace Presbytery’s rights in church property. (Pet. at ¶ 55; 62-63.) Plaintiff asserts that it is entitled to such relief under the United States Constitution. (See, e.g., Pet. at ¶ 45, 64.) Plaintiff thus “seek[s] recovery directly under the Constitution” of the United States, and the federal questions appear on the face of their request. Bell v. Hood, 327 U.S. 678, 681 (1946). Accordingly, the federal courts “must entertain the suit.” Id. THE REQUIREMENTS FOR REMOVAL ARE SATISFIED A. Plaintiff’s Petition states a federal question. When a civil action is originally filed in state court, removal to federal court is proper if the action could have initially been brought in federal court. 28 U.S.C. § 1441(a). “The district courts shall have original jurisdiction of all civil actions arising under the Constitution . . . of the United States.” 28 U.S.C. § 1331. Plaintiff’s claims in this action arise under the Constitution of the United States. Removal is therefore proper. “Before deciding that there is no jurisdiction, the District Court must look to the way the complaint is drawn to see if it is drawn so as to claim a right to recover under the Constitution and laws of the United States.” Bell, 327 U.S. at 681. In its verified Petition, Plaintiff asserts that it is entitled to relief to halt Grace Presbytery’s alleged violations of “free speech rights guaranteed by the First and Fourteenth Amendments to the United States Constitution, the religion clauses of the First Amendment to the United States Constitution, [and] the due process guarantees of the Fourteenth Amendment to the United States Constitution.” (Pet. at ¶ 64.). Plaintiff further argues that it is entitled to a declaratory judgment because allowing Grace
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Presbytery to exercise its rights “would constitute unlawful church establishment that is . . . prohibited by the First Amendment to the United States Constitution.” (Pet. at ¶ 45.) These paragraphs allege a right to relief arising under the United States Constitution. See Ortiz-Bonilla v. Federacion de Ajedrez de Puerto Rico, Inc., 2013 WL 4457427, *6 (1st Cir. Aug. 21, 2013) (finding federal question jurisdiction where chess players sought to enjoin a chess federation from actions that allegedly violated the players’ rights under the United States Constitution). “[W]here the complaint, as here, is so drawn as to seek recovery directly under the Constitution or laws of the United States, the federal court . . . must entertain the suit.” Bell, 327 U.S. at 681; see also Ortiz-Bonilla, 2013 WL 4457427 at *6. This action is thus removable “without regard to the citizenship or residence of the parties.” See 28 U.S.C. § 1441(b).1 B. This Notice of Removal is procedurally correct. Grace Presbytery has satisfied all applicable procedural requirements relating to this Notice of Removal. This case was filed in state court on September 10, 2013. Plaintiff faxed Grace Presbytery a copy of the Petition the same day. Thus, this Notice of Removal is filed within thirty days of Grace Presbytery’s receipt of the Petition and therefore is timely pursuant to 28 U.S.C. § 1446(b). In addition, all other removal requirements have been satisfied. Grace Presbytery has complied with Local Rule 81.1 regarding the required form of documents to be filed for removal:  Attached hereto as Exhibit A is an index of documents filed in the state court that clearly identifies each document and indicates the date the document was filed in state court;

1

Here, both of Plaintiff’s claims allege a right to relief arising under the United States Constitution. Even if they did not, however, a federal court that exercises federal question jurisdiction over a single claim may also assert supplemental jurisdiction over all state-law claims that arise from the same nucleus of operative facts. See 28 U.S.C. § 1367(a).

NOTICE OF REMOVAL

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 

Attached hereto as Exhibit B is a copy of the docket sheet for the state court action; and Attached hereto as Exhibits C - O are true and correct copies of each document filed in the state court action arranged in chronological order.

Immediately after filing this Notice of Removal, Grace Presbytery will file a Notice of Filing Notice of Removal to Federal Court with the 298th Judicial District Court of Dallas County, Texas, a true and correct copy of which is attached hereto as Exhibit P. Additionally, in compliance with the Local Rules, Grace Presbytery has attached to this Notice of Removal as Exhibits Q, R, and S, respectively: (1) a Northern District Civil Action Cover Sheet, (2) a Supplemental Civil Cover Sheet for Cases Removed from State Court, and (3) a separately signed certificate of interested persons that complies with Local Rule 3.1(f). Grace Presbytery has also paid the filing fee for the removed action. C. The venue requirement is met. Venue is proper in this Court because this is the United States District Court for the district and division corresponding to the place where the state court action was pending. CONCLUSION By this notice, Grace Presbytery does not waive any defenses or objections that it may have and Grace Presbytery intends no admission of fact, law, or liability by this notice, and reserves all defenses, motions, and pleas. Grace Presbytery prays that this action be removed to this Court for determination, that all further proceedings in the state court suit be stayed, and that Grace Presbytery obtain all additional relief to which they are entitled.

NOTICE OF REMOVAL

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Respectfully submitted, /s/ William D. Sims, Jr. _____ William D. Sims, Jr. Texas Bar No. 18429500 [email protected] Thomas S. Leatherbury Texas Bar No. 12095275 [email protected] Daniel L. Tobey Texas Bar No. 24048842 [email protected] Robert P. Ritchie Texas Bar No. 24079213 [email protected] VINSON & ELKINS LLP 2001 Ross Avenue, Suite 3700 Dallas, Texas 75201 Tel: 214-220-7700 Fax: 214-220-7776 Attorneys for Defendant Grace Presbytery, Inc. CERTIFICATE OF SERVICE I hereby certify that on September 19, 2013, I served a true and accurate copy of the foregoing document on the following counsel via certified mail: Kent C. Krause CRADDOCK DAVIS & KRAUSE LLP 3100 Monticello Avenue, Suite 550 Dallas, Texas 75250 and Lloyd J. Lunceford TAYLOR, PORTER, BROOKS, & PHILLIPS, L.L.P. 451 Florida St, 8th Floor Baton Rouge, Louisiana 70801

/s/ Robert P. Ritchie
US 2091854v.6

NOTICE OF REMOVAL

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EXHIBIT A

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INDEX OF STATE COURT DOCUMENTS

EXHIBIT C D E F G H I J K L M N O
US 2094240v.1

DATE FILED September 10, 2013 September 10, 2013 September 10, 2013 September 10, 2013 September 10, 2013 September 10, 2013 September 10, 2013 September 13, 2013 September 13, 2013 September 13, 2013 September 13, 2013 September 13, 2013 September 13, 2013

DOCUMENT Plaintiff’s Original Petition and Application for Injunctive Relief Citation Issued to Grace Presbytery, Inc. Temporary Restraining Order Issued to Grace Presbytery, Inc. Civil Case Information Sheet Temporary Restraining Order to Grace Presbytery, Inc. Deposit Information Sheet for Highland Park Presbyterian Church Cash Bond Affidavit of Michael W. Crain Plaintiff’s Motion for Admission of Non-Resident Attorney Pro Hac Vice Kent C. Krause’s Motion in Support of Lloyd J. Lunceford’s Motion Pro Hac Vice Non-Signed Proposed Order Admitting Lloyd J. Lunceford Pro Hac Vice Return of Notice of Temporary Injunction Hearing to Grace Presbytery, Inc. Return of Temporary Restraining Order to Grace Presbytery, Inc. Return of Citation to Grace Presbytery, Inc.

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EXHIBIT C

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.7

cAUSENo.

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IN TH

ORIGINAL
rJ 'ú,

HIGHLAND PARK PRESBYTERIAN CHURCH INC.
Plaintiff, v
GRACE PRESBYTERY, INC
Defendant.

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PLAINTIFF'S ORIGINAL PETITION AND APPLICATION FOR INJUNCTIVE RELIEF
TO THE HONORABLE JUDGE OF SAID COURT:

Plaintiff Highland Park Presbyterian Church Inc., a Texas nonprofit corporation,
complains of Defendant Grace Presbytery, Inc. and for cause of action respectfully alleges:

I. DISCOVERY CONTROL PLAI\ LEVEL

3

l.
Civil

Discovery will be conducted under Level 3 of Rule 190 of the Texas Rules of

Procedure.

II.
REOUEST DISCLOSURE

2.

Defendant Grace Presbytery, Inc. ("Presbytery" or "Defendant") is requested to

disclose, within

fifty (50)

days

of

service

of this Request, the information and materials

described in Tex. R. Civ. P. 19a.2(a)-(l). Copies of any documents produced in response to
these Requests must be produced before the expiration

of fifty days of the service hereof at the

offrce ofthe undersigned counsel or at a place agreed upon by counsel.

PLATNTIFF'S ORIGINAL PETITION AI{D APPLICATION FOR INJUNCTIVE

RELIEF

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III.
PARTIES

-

3, 4.

Plaintiff Highland Park Presbyterian Church Inc. ("HPPC or Plaintiff') is a Texas

not for profit corporation located in Dallas.
Defendant Grace Presbytery, Inc,, at all times material to this action, was and is a

Texas nonprofit corporation doing business in Dallas County, Texas. Defendant may be cited to appear by serving its registered agent for service of process: Connie

t i"*; ;lôò cài*.ll

Blvd., Suite 100, Dallas, Texas 75039-3 148.

\C^J.l\r.,sh
ry.

ft"bry

JURISDICTION AND VENUE

5.

This Court has jurisdiction based on the Texas Constitution and laws of the State

of Texas, and these claims are within this Court's jurisdictional limits, Plaintiff brings this action

for injunctive and declaratory relief under the common and statutory laws of the State of Texas
and the United States

of America. (See, e.g. Serbian Eastern Orthodox Diocese v. Milivojevich,

426 U.S. 696 (19'76): Jones v.

Wolt 443 U.S, 995 (1979), and; Brown v. Clark, 102 Tex. 323,

334,ll65 W. 360 (1909). Plaintiff seeks monetary relief of $100,000 or less and non-monetary
relief.

6.

Venue is proper

in Dallas County pursuant to Tex. Civ. Prac. & Rem. Code,

$15.001, et seq,

V. FACTS

7.

Defendant Grace Presbytery is a district administrative unit of the Presb¡erian

Church (USA) (UPCUSA" or "denomination"), It is one of 173 such presbyteries in the PCUSA
and is comprised of commissioners (presbyters) from approximately 165 congregations located

throughout 53 counties in Northeast, North Central, and Central Texas. Its principal offices are

PLAINTIFF'S ORIGINAL PETITION AND APPLICATION FOR INJUNCTIVE

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located at 6100 Colwell Blvd., Suite 100, Irving,

TX
75039-3143. The PCUSA, headquartered

in Lexington, KY, was formed in
States (the PCUS,

1983 by the merger

of the Presbyterian Church in the United

or southern branch) and the Presbyterian Church in the United States of

America (the UPCUSA, or northern branch). Upon fbrmation of the PCUSA, the PCUS and the
/

UPCUSA both ceased to exist as separate denominations, and Grace Presbytery became a district administrative unit of the PCUSA, The PCUSA currently has approximately 10,500 member
churches located throughout the United States, including the State of Texas and Dallas County.

Although the national constitution of the PCUSA, The Book of Order, was amended to allege

a

trust in favor of the PCUSA over all property held by or for particular churches that are affiliated

with the PCUSA, authority under the Book of Order to waive the alleged trust or seek its
enforcement against a particular church is granted to the presbytery in whose geographic bounds
a

particular church is situated.

8.

Highland Park Presbyterian Church (or "HPPC") is a particular church of the

PCUSA and is a Texas nonprofit corporation domiciled in Dallas County. Prior to its affrliation

with the PCUSA in 1983, HPPC was a member church of the PCUS. HPPC was first organized

in

1926 and first incorporated on January 31, 1928, as "Highland Presbyterian Church", HPPC

variously amended or restated its articles of incorporation, or reincorporated, in 1978, 1981 , and

2006. The members of the local church corporation are all those who are on the active rolls of
the local congregation, HPPC, located within the geographic bounds of Grace Presbytery, has approximately 4,000 members on its active rolls, is the largest Presb¡erian church in the state of
Texas and, on information and belief, is one of the largest Presbyterian churches in the United
States.

PLAINTIFF'S ORIGINAL PETITION AND APPLICA TION FOR INJUNCTM

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A.

THE ARTICLES OF INCORPORATION FOR HIGHLAND PARK PRESBYTERIAN CHURCH

g.

As more fully set forth below, at all relevant times the articles of incorporation of

Highland Park Presbyterian Church have provided that the members of the corporation or its
corporate board of trustees, when managing the civil affairs of the corporation, shall exercise all powers of the corporation. Said articles further grant, without limitation, exclusive and plenary

authority on all property matters to the local board of trustees or local congregation without such

authority being made subject to any other ecclesiastical entity or to the provisions

of

any

denominational constitution that are in conflict with the local church's articles of incorporation or

with the laws of the State of Texas.

10,

At no time in its history have the articles of incorporation for Highland

Park

Presbyterian Church contained any provision creating

or establishing any trust, express or

implied, in favor of a national denomination upon the property held by or for the local church or

its civil corporation. Said articles were never amended to add such trust provisos. Neither the
congregation, the session (the goveming body of the local church for ecclesiastical matters), or the board of trustees of Highland Park Presb¡erian Church, Inc. (the goveming body of the civil

corporation for temporal matters like property) have ever adopted a congregational, session, or corporate resolution creating or assenting to a trust pertaining to property held by or for the particular church.
I

l.

As noted above, "Highland Park Presbyterian Church" was first incorporated on

January 31, 1928. No mention is made in these original articles of any specifrc denomination,

The statement of objects and purposes in Article II state that the corporation is formed "in the
support of public worship, to wit: the maintenance of the Presbyterian Church". Article V states

that "the corporation has no capital stock other than the lot owned by the Church upon which the

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tt

provides that Church building is to be erected, of the estimated value of $60,000.00," Article IV
the the term for which this 1928 corporation is to exist is "50 years". No mention is made in

Articles of Grace presbytery, the Presbyterian Church (USA), or their predecessors, nor is
mention made of any trust over local church property in favor of the PCUSA or its predecessors
and enforceable by Grace Presbytery,

12,
and purpose

Fifty years later "Highland Park Presbyterian Church" amended and restated its

articles of incorporation, on January

l,lg78.

Article III provided in relevant part that the objects

of the corporation would be to, "encourage, support, maintain and preserve public

worship in the presbyterian Church". Article III(a) and (b) gave exclusive and plenary authority

on all property matters, both real and personal, to the corporation, subject only to
nonprofìt corporation

Texas

law. The articles of incorporation do not make the exercise of the

corporation's powers with respect to property subject to any ecclesiastical provisions or to any
ecclesiastical entities beyond the local "Highland Park Presbyterian Church". The only mention

of any other ecclesiastical entity is found in Article VI, which states that "the business and affairs

of the corporation shall be managed by a board of trustees comprised of five persons, except
otherwise provided by the Book

as

of Church Order of the Presb¡erian Church in the United

States". This Article, however, does not say, "as that Book of Church Order may be amended

from time to time", for example, nor otherwise subordinate the management, control, or
operation of the civil corporation to a separate religious charter, Article

VIII provided that in the

event of dissolution the assets of the corporation would not be distributed by or to the PCUSA or

any

of its presb¡eries but would

instead be distributed

in accordance with the provisions of

Texas nonprofit corporation act and the Internal Revenue Code of 1954. No mention is made in

the Articles of Grace Presbytery, the Presbyterian Church (USA), or their predecessors, nor is

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or its predecessors mention made of any trust over local church property in favor of the PCUSA
and enforceable by Grace Presbfery'

13.
of

On Septemb er 27,1981, Highland Park Presb¡enan Church amended its articlss

incorporation

to newly provide that it

pledged the assets

of the corporation for use in

performing the general religious functions set forth in A¡ticle

III of its 1978 Articles,

and to

newly provide that, in the event of dissolution, recipient organizations of any distribution of
assets must

qualify for an exemption from Texas property taxation under the Texas property tax

code. As before, all such potential distributions continued to be at the exclusive discretion of the
trustees

of the corporation and would be in

accordance

with a plan of distribution

adopted

pursuant to Texas nonprofrt corporation

law. No mention is made in the Articles of Grace

presbytery, the Presbyterian Church (USA), or their predecessors, nor is mention made of any

trust over local church property in favor of the PCUSA or its predecessors and enforceable by
Grace Presbytery.

14.

On November 14, 2006, Highland Park Presbyterian Church amended

and

restated its articles of incorporation, New Article

III

defines the objects and purposes of the

corporation to, "encourage, support, maintain and preserve public worship. The assets and
properties of the corporation are hereby pledged for use in performing its exempt functions'" No

mention is made in the Articles of a particular denomination. Exclusive and plenary authority

for all corporate matters authorized under Texas non-proftt corporation law, including but not limited to property matters, is vested in the corporation and its board of trustees without
the reference to or being made subject to any ecclesiastical provision or any entity other than

corporation, "Highland park presbyterian Church". As previously stated in prior iterations of the

A¡ticles of Incorporation, the 200ó Articles of Incorporation provide that, upon dissolution of the

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corporation, distribution

of all

corporate assets shall be made exclusively by the board of

trustees, at its sole discretion, to organizations in the state

of Texas organized and

operated

described in section exclusively for religious, charitable and/or educational purposes that are

from Texas property 501(cX3) of the Federal Tax Code and that are qualified for exemption
taxation under the Texas property tax code. No mention is made

in the Articles of Grace

is mention made of any Presbytery, the Presbyterian Church (USA), or their predecessors' nol
enforceable by trust over local church property in favor of the PCUSA or its predecessors and
Grace PresbyterY.

15.

On August 31, 2006, the board of trustees of the church corporation adopted

bylaws state that amended and restated bylaws (2006 bylaws). Article [, Section 2 of the 2006 the corporation

will be "operated exclusively for religious, charitable and

educational purposes

within the meaning of Section 501(c)(3) of the Internal Revenue Code of 198ó, as amended '.,",
Church No mention is made anywhere in the 2006 bylaws of Grace Presbytery, the Presbyterian

(USA), or their predecessors, nor is mention made of any trust over local church property in
favor of the pCUSA or its predecessors and enforceable by Grace Presbytery'

16.

Article I, Section 4 of the 2006 bylaws provides that all members on the active
the

roll of the congregation of Highland Park Presbyterian Church shall be members of
corporation (which corporation Shall here and now be cgllçdlhçl'Church")'

17.

Article II of the 2006 bylaws states in Section I that the duties and responsibilities

of officers of the corporation under the Texas nonprofit corporation act shall be vested in the
of trustees delegates all session (ecclesiastical governing body) of the Church and that the board
granted under of its authority to manage the corporation to said session "exceptfor the authority

Article II, Section

2."

Article II, section 2 of the 2006 bylaws provides that the board of trustees

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shall have plenary and exclusive authority to act on behalf of the corporation:

For buying, selling, and mortgaging of the property for the Church,

acquiring and conveying title to such property, the holding and defending title to the same, and the managing of any perm¡nent special funds entrusted to them for the furtherance of the purposes of the Church. In buying' selling' and mortgaging real property on behalf of the Corporation, the board of Church. granted in a duly the authoritv of trustees shall act solelv
constituted meeting of the congregation.

B.

THE PROPERTY OWNED BY HIGHLAND PARK PRESBYTERIAN CHURCH

18.

The deeds for all real property owned and held by Highland Park Presbyterian

Church list the owner in title as "Highland Park Presbyterian Church, a Texas corporation". No mention is made of any particular denomination, district presbytery, or other ecclesiastical entity.
None of the deeds contain any trust language, use restrictions or reservations of rights other than

one transfer restricting certain property for use as a church

of unspecified nature, The

real

property owned and held
categories:

by Highland Park Presbyterian Church falls into three general

a) "East Campus" The main physical plant of Highland Park Presbyterian Church, where

the sanctuary and associated buildings are located, commonly known as the "East Campus", is
situated on two tracts, to wit:

Tract One:

of University Lake Park and Highland Park Presbyterian Church Tracts, an Addition to The City of University Park, Texas, according to
BEING Tract No.
the Plat thereof Recorded in Volume 4,Page 169, Map Records of Dallas County, Texas; and containing 3.34416 acres of land, and being in the John Scurlock Survey, Abstract No. 1351, Dallas County, Texas; and being the same property described in Deed filed November 29, 1932, Volume 1779, Page ó00, Deed Records of Dallas County, Texas; and having an address of 3821 University Boulevard, University Park, Texas, 7 5205. Tract Two:

l,

BEING Lots 9 and 10, Block B, of V/indsor Place, an Addition to The City of

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2, Page 299, Dallas, Texas, according to the Plat thereof Recorded in Volume feet of land' trtup R""ords of Dallas õounty, Texas; and containing 18,740 square Dallas 1351, No' *oi" o, less, and being in thé John Scurlock Survey, Abstract Deed filed County, Texas; and betg the same property described in Quit Claim County, of Dallas Octobl l, 1974, Volumi 74lgl,Page 2149, Deed Records Park, Texas; and having an address of 3821 University Boulevard, University Texas,75205. b) "West Block" HppC also owns a contiguous block that consists of eleven residential
properties, commonly known as the "West

Block". The municipal

addresses

of these "West

These Block" properties are set forth in Appendix A, attached hereto and made a part hereof' ,,West Block,, properties are located within Block B of Windsor Place, an Addition to the City

of

299, University park, Dallas County, according to the Map thereof recorded in Volume 2, Page Map Records of Dallas CountY.

c)

properties, "Jenkins .properties" HPPC also owns certain "Jenkins Subdivision"

and consisting of th¡ee houses whose municipal addresses are 3829 McFarlin, 3833 McFarlin,

being Lots 3g37 McFarlin, all being located on a contiguous block to the south of McFarlin, and 7, g, and 9 in Jenkins Subdivision of Tract 3 of University Park and Highland Park Presbyterian

church Tracts according to the Map recorded in volume 4, Page 24, of the Map Records of
made a part Dallas County. These properties are also listed in Appendix A, attached hereto and hereof.

lg.

is The estimated value of the real property of Highland Park Presbyterian Church

thirty million dollars ($30,000,000.00), All of it, the land and all improvements thereon, were
members purchased, built, insured, and maintained using funds donated exclusively by local

of

HppC, without any assistance from the PCUSA, Grace Presbytery or their predecessors-with
25, 1927 for the single exception of one "loan" from the PCUS Home Missions Board on May
$7,500.00.

20.

,.. to According to HppC minutes of June 12, 1927, this $7,500,00 sum was "aid

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enable us to erect and possess a House of Worship and that in order to obtain such aid in such amount it would be necessary for the Trustees of the Church to execute a bond in the amount of

$7,500.u Repayment of the bond was to be secured by a lien on the church property' However,
according to the June 12, 1927 minutes, re-payment was required only

if

HPPC ceased corporate

existence or "the mortgage and property be alienated or abandoned, or the House of Worship be alienated or abandoned as a House of Worship"'

Zl.

Grace Presbytery, the PCUSA, and their predecessors have not provided any

substantial financial support to HPPC in over eighty-five (85) years. HPPC has, however, since

its formation in 1926, made substantial financial contributions to Grace Presbytery, the PCUSA,
and their predecessors. Over the past fifteen years alone, from 1998 forward, HPPC has donated

to Grace Presbytery and to the PCUSA, in voluntary per capita contributions, voluntary mission giving, and special offerings and other related giving and support, in excess of $3,000,000.00.

C. TIIE BASIS OF GRACE PRESBYTERY'S 22.

CLAIM TO THE PROPERTY OF

HIGHLAIID PARK PRESBYTERIA}{ CHURCH
The Constitution of the PCUSA consists of two parts, the Book of Confessions

(Part I) and the Book of Order (Part
and statements of church governance

II).

The Book of Confessions contains doctrinal statements
governance

(polity), The Book of Order focuses on church

and divides itself into three main sections: the Form

of Govemment, the Directory of Worship

and the Rules of Discipline, The Book of Order underwent substantial revision, effective July,

2011, and many of its former provisions that were retained were newly numbered' The provisions

in the PCUSA

Constitution relating

to

property are found primarily but not

exclusively in the Form of Government of the Book of Order, Chapter Four G-4'01

- G.4.40208

(formerly Chapter VIII, G-8.000

- G-8.700).

23.

The PCUSA Book of Order includes a trust clause, G-4.0203 (formerly G-

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ìrt

g.020l), which asserts that, "All property held by or for a particular church ... is held in trust
nevertheless for the use and benefit of the Presb¡erian Church

(USA)." This clause is the basis

for the assertion by Grace Presbytery of a right to assert control over the use and disposition of
all property held by or for HppC, Inc. It is the position of HPPC, Inc., however, that this clause,
and its predecessor added to the PCUS Book of Church Order in the last year of the PCUS' existence, are not applicable to plaintiffs property and are not legally enforceable under the Constitution or laws of the State of Texas.

24.

The PCUSA Book of Order contains a clause asserted by the denomination to
as

pertain to ownership. G-4.0207 (formerly G-8.0600) alleges that a PCUSA presbyery (such

Grace Presbytery) may dictate ownership of local church property located within the geographic

bounds of the presbytery-under certain circumstancos that the presbytery can manufacture or create. The PCUS Book of Church Order was amended in 1982/83 to add a similar clause (6-5). On information and belief, the PCUS Book of Church Order did not previously contain a similar

clause. It is plaintiff s position that G-4.0207 and any predecessor clause in the PCUS Book of
Church Order are not applicable to plaintiff s property and are not legally enforceable under the Constitution or laws of the State of Texas.

25.

G.4.0205 (formerly G-8.0301) of the PCUSA Book of Order pertains to departure

from the pCUSA and provides that when a local church ceases to be a particular church of the

pCUSA its property shall be "held, used, applied, transferred, or sold as provided by

the

presbytery.,' The PCUS Book of Church Order was amended in 1982/83 to add a similar clause

(6-4). On information and belíef, the PCUS Book of Church Order did not previously contain a
similar clause. It is the plaintiffls position that G-4,0205 and any predecessor clause in the pCUS Book of Church Order are not applicable to plaintiffs property and are not legally

PLAINTIFF'S ORIGINAL PET ITION AI{D APPLICATION FOR INJUNCTM

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enforceable under the Constitution or laws of the State of Texas.

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26.

Although G-4.0206 (formerly G-8.0501) of the PCUSA Book of order states that

sell, mortgage the written permission of the presbytery is required before a particular church can
PCUS or otherwise encumber any of its real property, Chapter 6 of the 198211983 edition of the

Book of Church Order did not contain such

a

requirement but, to the contrary, stated the opposite

,.Nothing in this chapter shall be construed to require a particular church to seek or at 6-g, that obtain the consent or approval of any church court above the level of the particular church in
order to buy, sell or mortgage the property of that particular church in the conduct of its affairs as
a church of the PCUS."

27.

In addition, other property provisions in Chapter VIII of the PCUSA Book of

Order that are not substantially similar to provisions in Chapter 6 of the 198211983 edition of the

pCUS Book of Church Order are also not applicable to Highland Park Presb¡erian Church and
are not legally enforceable under the Constitution or laws of the State of Texas'

ZB.

The Book of Order includes "Historic" (i.e., foundational) Principles of Cliurch

Order. These basic pCUSA goveming principles state at F-3.0101 that, as a matter of religious
freedom, provisions of the denominational constitution are not to be enforced through the power

of civil courts. F-3.0101 states:

(a)

That ,,God alone is Lord of the conscience, and hath left it free from the doctrines and commandments of men which are in anything contrary to his Word, or beside it, in matters of faith or worship"'

(b) Therefore we consider the rights of private judgment' in all matters thatrespectreligion,asuniversalandunalienable:@
see anv religiouJ

necessary f". common to all others.

constitution aided bv the civil power, further than may be pro¿uction and security, and at the same time, be equal and
sets

Zg.

The Book of Confessions (Part I of the constitution of the PCUSA) further

forth the principle that the collective organization or gathering (communion) of Christians under PLÀINTIFF'S ORIGINAL PETITION AND APPLICATION FOR INJUNCTM

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property a presbyterian form of govemment should not burden or infringe existing or vested

rights. Specifrcally, the Westminster Confession of
states at

1647, included

in the Book of Confessions,
or infringe the

6,l4g,,,Nor doth their communion one with another

as saints, take away

title or property which each man hath in his goods and possessions'"

30.

G-4.0208 (formerly G-8.0700)

of the PCUSA Book of Order

sets forth

an

exemption from certain property provisions of the PCUSA Book of Order. G-4'0208 provides

that no particular church (local congregation) of the PCUSA shall be bound by any

of the

property provisions in the Book of Order if it was not previously subject to a similar provision in
the denominational constitution it was subject to immediately prior to the creation of the PCUSA

long as that congregation, within a period of eight years following the establishment of
pCUSA, votes to claim this exemption. tn the event of such timely vote, a particular church ..shall hold

title to its property and exercise its privileges of incorporation and property

ownership under the provisions of the Constitution to which it was subject immediately prior to
the establishment of the Presb¡erian Church USA"'

31.

Highland Park Presbyterian Church timely exercised the exemption clause of G-

4.020g (then G-g.0700)

of the PCUSA Book of Order at a regularly called

congregational

meeting on April 29,1984. At that meeting the congregation adopted a motion to exercise the

exemption provision

in

(then) Chapter

VIII of the PCUSA Book of

Order,

it

being the

understanding and intent of the congregation at the time that by doing so

it would "continue the

holding of property of Highland Park Church in accordance with PCUS Book of Church Order
(1982-83 edition), "The Form of Government, Chapter

VI." This action

taken by Highland Park

presbyterian Church, notice of which was received by Grace Presbytery, manifests an intent by Highland park Presbyterian Church to reject any ownership or control claims by a denomination,

PLAINTIf,'F'S ORIGINAL PETITION AND APPLICATION FOR INJUNCTM

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concept of or claims by the denomination of a right to determine ownership, and to reject the

for the use holding or conveying any of its property in trust, or creating or establishing a trust,
and benefit of a national denomination, whether the PCUSA or the PCUS'

32.

As further indication of intent, according to the minutes of the Apnl29,1984'

the congregational meeting at which Highland Park Presbyterian Church claimed the exemption,

individual who moved that the congregation claim the exemption, Mr, Burton Gilliland
(corporate trustee and chairman of the property acquisition committee), explained prior to the

vote that the motion pertained "to the manner in which the church owns and operates its real
estate

... In our former denomination (PCUS) we operated under the PCUS Book of Church

Order which gave the congregation complete control over its property. The new Book of Order

pC(USA) provides that our former denomination (PCUS) could, by action of the congregation, opt to continue operating its property as in the past." The text of this explanation, provided to
the congregation immediately prior to its vote, indicates that its understanding and intent was to
preserve not only the congregation's ownership but also its exclusive right to control the use and

disposition of all of its property.

33.

Following the congregational adoption of the April 29, 1984 motion,

the

congregation notified Grace Presbytery

of its

action, which notice, pursuant

to G-3.0108a

(formerly G-g.0407 - g.040g) of the pcusA Book of order was accepted without objection by

with the Grace presbytery in affrrmation that said proceedings were "regular and in accordance
Constitution,' and were 'þrudent and equitable". This notice was in the form of a letter from of Grace Harry S. Hassall, Vice-Moderator of the HPPC session, to Rev. A.M. Hart, Stated Clerk
Presbytery, dated MaY 7, 1984.

34.

The effect

of

HPPC, Inc.'s timely vote

to claim the exemption of

G-4.0208

PLAINTIFF'S ORIGINAL PETITION AND APPLICATION FOR INJUNCTIVE

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of Church Order (formerly G-8.0700) and thereby fall back on Section 6-8 of the PCUS Book
was to negate the assertion

of a trust at

G-4.0203 (formerly G-8.0201), even within the

denomination,s own governing documents. The express reservation

of an unfettered right

to

of giving determine the use, control, or disposition of one's own property is mutually exclusive
property' consent to another party to determine the use, control, or disposition of that same

35.
was founded

For approximately sixty years, from the time Highland Park Presbyterian Church

in

1926, and continuously throughout its existence

until 1982, no denomination

with which

it

was affiliated ever contained any express trust clause in the denominational
the

constitution. prior to the addition of express trust language in the 1982/1983 edition of

in its PCUS Book of Church Order, no denomination with which it was aff,rliated ever contained

constitution any implied trust over local church property which ran in favor of the national
denomination.

36.

In anticipation of the merger of the "southem chursh" and the "northern church,"

in the year immediately prior to the 1983 formation of the PCUSA, the PCUS Book of Church
6-3, Order was reportedly amended to add express trust clauses, in Section 6-1, Section 6-2 and

which clauses frrst appeared in the 1982/1983 edition of the PCUS Book of Church Order'
Sections These three trust clauses are ambiguous, inconsistent and are of uncertain meaning.

6-l

particular and 6-2 of the lgg2llgg3 edition of the PCUS Book of Church Order assert that a

church holds title

to property in trust for both the benefit of the particular church
Section 6-3 asserts

(-'the the

corporation"
denomination.

in 6-2) and the denomination.

a trust in favor of

37.

The process whereby trust clauses \^/ere added to the constitutions of the national

denominations

did not include or result from any vote, approval or action by the

local

PLAINTIFF'S ORIGINAL PETITION AND APPLICATION FOR INJUNCTIVE

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congregation

or its
corresponding plaintiff civil

of

Highland park presbyterian church

property at issue. Instead, corporation, which is the oïvner and titleholder of record of the real

(voting delegates) at the the process involved: a) participation by presbytery/commissioners
(which national General Assembly, chosen to attend the G,A. by the district presbyteries b) presb¡eries in practice are the beneficiaries of the trust clauses that were added), and;
to participation by presbyters (voting delegates) at meetings of the district presbyteries, chosen

atF'3.0204 and Fattend by local congregations. The PCUSA Book of Order expressly states

3.0101 (formerly G-4.0301d and G-1.0301) that presbyters are not required
representative capacity on behalf of local congregations'

to act in

a

38.

Following initial approval by the commissioners to General Assembly, the new

requisite trust clauses were added to the denominational constitutions upon ratification by a

number of presbyteries then-presbyters, voted

-

inespective of whether or not Grace Presbytery, acting through its

in favor of ratification, and irrespective of whether the local property

owners

of

record, such as HPPC, Inc., participated

in the ratification

process and gave

authorized, local consent'

39.

The pCUS Book of Church Order did not require, nor does the PCUSA Book of

Order require, that any property deeds include trust clauses in f'avor of a national denomination.

Nor do these denominational charters otherwise require mention or inclusion of the national
local title denomination (such as the pCUS or PCUSA) in the name or identity of the listed,
holdet to propertY.

40. At no time have the members of Highland

Park Presbyterian Church or its

respectively), ever corporation, or their goveming bodies (the session and the board of trustees,
assertion of a concurred in, accepted or otherwise indicated acquiescence to the denomination's

PLAINTIFF'S ORIGINAL PETITION AIID APPLICATION FOR INJUNCTIVE

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{

ownership' use' or trust over local church property nor any denominational claim to determine any improvements control of property titled in the name of the local church corporation or of

their respective thereon. At all times the ecclesiastical congregation, the civil corporation, and

all property governing boards have affrrmed and reaffirmed their understanding and intent that
association, held by the local church, whether incorporated or as an unincorporated religious

is held by or for it whether corporeal or incorporeal, movable or immovable, (real or personal),
other in ñrll and complete ownership in accordance with the deeds, articles of incorporation and documents indicative

of intent, and that none of said property is held in trust for the use
denomination

and

benefit

of a national

or any

if

its district administrative units such as Grace

Presbytery.

D.

TIIE PCUSA/PCUS ACKNOWLEDGE THAT LOCAL CHURCH PROPERTY MATTERS ARE DETERMINED BY STATE LAW AND ARE NOT CONTROLLED BY ASPIRATIONAL ASSERTIONS IN DENOMINATIONAL
CONSTITUTIONS

41.

Section G-4.0101 (formerly G-7.0401) of the PCUSA Book of Order states that,

,.Whenever permitted by civil law, each particular church shall cause a corporation to be formed
and and maintained." The pCUS Book of Church Order also contains clauses authorizing

encouraging incorporation under state law (6-l

,6-2 of the 1982i1983 edition). The PCUSA

provides, Book of Order not only mandates incorporation where permitted by civil law, but also

of the local church at G-4.0101, that the corporation so formed shall be the title holder of record
and property. In mandating local church incorporation when permitted by civil law, the PCUSA

matters its district administrative unit, Grace Presbytery, have acknowledged that property

are

not governed or controlled by the trust or ownership provisions
constitution, or by the constitution

asserted

in the PCUSA

of its

predecessor denomination. Such provisions are

by the civil laws of the aspirational only, property matters are instead subject to and determined

RELIEF PLAINTIF'F'S ORIGINAL PETITION AND APPLICA TION FOR INJUNCTIVE

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has incorporated' state in which the property is located and in which the local church

42.
a)

The pCUSA Book of Order does not, and the former PCUS Book of Church

Order did not, require that:

b)

a local church corporation include the name of the denomination (PCUS or PCUSA) in the local corPorate name; local deeds contain the name of the denomination as part of the gtantee's identification;

c) inclusion of trust language in the deeds; d) local articles of incorporation state that the affairs of the corporation are subject to the denominational constitution irrespective of any contrary
prouirionr in the civil articles of incorporation or state o¡ federal law.

43.

(USA) Middle The pCUSA's "Leeal Resource Manual for Presbyteriq.n Churc.h

Governing Bodies and Churches" expressly acknowledges that the provisions of the PCUSA
are constitution characteristically do not control property matters ("Almost all property matters

govemed by state law ...").

44.

G-9.0102 of the PCUSA Book of Order distinguished the spiritual, ecclesiastical

distinct realm from temporal, civil authority, by providing, "coveming bodies of the church are

from the govemment of the state and have no civil jurisdiction or power to impose civil
penalties. They have only ecclesiastical jurisdiction." According to this provision, a presbytery or other ecclesiastical governing body of the PCUSA cannot exercise civil power to enforce
a

Nor claim over local church property based on provisions in the denominational constitution'
can they obtain are

civil court enforcement of denominational property provisions if

those provisions

in derogation of or are contrary to the civil laws of the state. The denomination's property

provisions, in particular its trust clause, are aspirational

only. [On information

and

beliel G-

effective in July 9.0102 was replaced by G-3.0102 in the new Form of Government that became

2011.

G-3.0102 provides

in

similar fashion that, "Councils

of this church have only

PLAINTIFF'S ORIGIN AL PETITION AND APPLICATION FOR INJUNCTIVE

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and declaring and obeying his ecclesiastical jurisdiction for the purpose of serving Jesus christ

will in relation to truth

of faith, and service, order and disciprine. They may frame statements

questions of doctrine and bear testimony against err in doctrine and immorality in life, resolve

properly brought before them discipline, give counsel in matters of conscience, and decide issues
under the provisions of this Book of Order ..."]

45.

As a corollary to former G-9.0102 and present G-3.0102 of PCUSA Book of

Presbytery have order, which states that the pcusA and its administrative units such as Grace

(in only ecclesiastical jurisdiction and do not have temporal authority over civil matters
(and recognition that property matters are to be governed by state law), former G-1'0301(b)

present F-3.0101b)

of the pcusA Book of order

also states that the provisions

of

the

be enforced by denominational constitution are not, as a matter of the free exercise of religion, to matter the civil power of the state through its courts. Therefore, while this court has subject

jurisdiction to resolve the property dispute before

it, it

cannot do so by giving controlling
an

authority to the pCUSA Book of Order property provisions, as such would constitute

United unlawful church establishment that is not only prohibited by the First Amendment to the the PCUSA'ï own States Constitution and the Constitution of the State of Texas, but also by or the constitution. Rather, any valid trust or other property interest in favor of Grace Presbytery

pCUSA,

if such exists at all, must

be founded only upon mutual intent evidenced by the use of

ordinary civil means pursuant to state law'

E.

AND TEXAS LAW DOES NOT PERMIT THE ESTABLISHMENT OF A VALID ENFORCEABLE TRUST IN THE MAI\NER ASSERTED BY GRACE TEXAS LA\il HAS BEEN IGNORED BY GRACE

PRESBYTERY.
PRESBYTERY.

46.

As Hppc was incorporated in Texas,

issues concerning

its

governance are

govemed by the Texas Non-Profit corporation

Act. TEX' REV. CIV. STAT' art' 1396RELIEF
Page

PLAINTIFT''S ORIGINAL PETITI ON AIID APPLICATION FOR INJUNCTIVE

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Page 21 of 35 PageID 30

--

1.02(AXl), et seq, and g 304; TEX. BUS. ORGS. CODE $

l.l0l

(providing that Texas law

governs internal affairs of entities formed by certifrcate of formation from Texas).

47.

Alleged trusts purporting to hold Texas land are govemed by Texas law. Toledq

Sqc. for Crippled Children

v. Hickok, 261 S.W.2d 692, 697 (Tex. 1953); IJrterfirst Bank-

Houston. N.A. v. Ouintana Petroleum Com., 699 S.V/ .2d 864,877 (Tex' App.-Houston [1"

Dist.l 19g5, writ refd n.r.e.) ("[A]s a general rule it is held that the administration of a trust
be imposed on land is govemed by the law of the state where the land is located and must

LAWS supervised by the courts of that state."); RESTATEMENT (SECOND) CONFLICT OF

(l97l)

governed by Texas law $ 27S, Trusts administered by Texas trustees are

w

V

Florida Bank-& Trust co., 160 F.2d 766,77115th Cir. 1947) ("Matters of administration are

of determined by the law of the situs or the seat of the trust, and the domicile of the trustee
intangible personal property including shares

of stock is usually the seat of the trust.");
$

RESTATEMENT (SECOND) CONFLICT OF LAWS 2d (1971)

270(b), comment a.

48.

Texas law requires that any trust concerning realty must be written and signed by

So the settlor. Texas law also makes all trust revocable unless they expressly state otherwise'

existed, it even assuming a trust on behalf of the PCUSA enforceable by Grace Presbytery ever
was revoked in

April

1984 by express act of the owner/settlor HPPC'

49.

property can be placed

in a trust only by its owner. TEX'

PROP. CODE

$

lll.002 ("A trust is created only if

the settlor manifests an intention to create a trust."); see also

id. $ I I 1.00a(a); state v. Rubiqn, 308 s.w.zd 4, l0 (Tex. 1957); RESTATEMENT (SECOND)

oF TRUSTS $ 351 ("A

charitable trust is created only

if

the settlor properly manifests

an
a

either intention to create a charitable trust."). Since at least 1943, Texas statutes have required

declaration, a deed, or a

will from

an o\ilner to place property in trust. TEX' PROP, CODE

$

PLAINTIFF''S ORIGINAL PETITION AND APPLICATION FOR INJUNCTIVE

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the owner holds the l l2.00l (',A trust may be created by: (1) a property owner's declaration that

of the property property as trustee for another person; (2) a property owner's inter vivos transfer

to

another person as trustee

for the transferor or a third person; (3) a property
person as trustee

owner's

testamenta¡y transfer

to another

for a third person..."); accord, TEXAS
48th

19, 1943, TRUST ACT $ 7 (formerly TEX. REV. C1V. STAT. art.7425b-7), Act of April
Leg., R.S,, ch. 148, $ 7, 1943 TEX. GEN. LAWS 232,234'

50,

,'Declarations

of the purported beneficiary of the trust are not

competent to

(Tex. Civ. App.-Dallas establish the trust.,, Best Inv. Co. v. Hemandez, 479 S.W.2d 759,763

lglz,writ refd

1937, n.r.e.); wise v. Haynes, 103 s.w.2d 477,483 (Tex. Civ. App'-Texarkana

the trust."), no writ) ("[T]he declarations of the cestui que trust are not competent to establish

51.

The statute of frauds requires that a trust involving realty must be in writing and

pRoP. CODE $ 112.004 signed by the settlor. See TEX.

("4 trust in

either real or personal

property is enforceable only if there is written evidence of the trust's terms bearing the signature of the settlor or the settlor's authorized agent

..."). This has been Texas law since 1943. TEXAS

1943,48th TRUST ACT $ 7 (formerly TEX. REV. CIV. STAT. art.1425b-7), Act of April 19,

trust in Leg., R.S., ch, 148, S 7,lg43 Tex. Gen. Laws232,234 ("Provided, however, that a
or declared relation to or consisting ofreal property shall be invalid, unless created, established,

... tbl' a written instrument
by writing;

subscribed by the trustor or by his agent thereunto duly authorized
clause was not signed by the Presbytery or by HPPC, Inc',

..."), As the PCUSA trust

it is invalid in Texas.

52.

Even

if

a trust in favor of the PCUSA once existed, it has long since

been

revoked. Unlike most states, Texas law declares all trusts revocable unless the trust itself
by the exPress expressly says otherwise: "A settlor may revoke the trust unless it is irrevocable

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terms of the instrument creating

Page 23 of 35 PageID 32 v

it or of an instrument modifying it." TEX. PROP' it

CODE

$

112.051(a). The rule is different in most other states, as

was in Texas before 1943'

See

Act of April 19, 1943' TEXAS TRUST ACT $ 7 (formerly Tex, Rev. civ. stat. art.7425b-41),
4gth Leg., R.S.,

by ch. 148, $ 7,1943 Tex. Gen. Laws232,234 ("Every trust shall be revocable

of the instrument the trustor during his lifetime, unless expressly made inevocable by the terms
49 S'W' 516' creating the same or by a supplement or amendment thereto'"); Moqday v' Yance' 654,657 (Tex' App'518 (Tex. 1899); Citi?ens Nat. Bank of Breckenridee v. Allen, 575 S.W.2d Eastland

lglg,writ refd n.r.e.) In Texas, "[t]rusts

created under Texas law ate revocable, unless

(Tex. App.-Texarkana made specifrcally irrevocable." Ayers v. Mitchell, 16? s.w.3d 924,930
2005, no pet.).

53.

or Nothing in the PCUSA trust clause or anywhere in the PCUSA Book of Order
the

its predecessors expressly created an irrevocable trust, so any alleged trust in favor of

the exemption PCUSA was revocable. That is what HPPC did in April, 1984 by claiming
any provision. The only provision in the Book of Order said to be inevocable-not subject to

amendment, is this exemption clause.

vI.
CAUSES OF ACTION

A.

DECLARATORY RELIEF

54. 55.

paragraphs 1 through 53 above are re-alleged as if fully stated herein' In

v

et

s.w.3d

held that: (Tex. 2013), cause No. l1-0332 (issued Aug 30, 2013),the Texas supreme court

of states that have considered the matter' We hold that Texas We join the majority -the neutral principles rnethodology to determine property courts should îse reduce confusicln interests when religious organizationr ãtt involved. Further, to are difficult to issues the and increascpreaiJtauility în this area of the law where begin with, Texas courts must use only the neutral principles construct'

PLAINTIFF'S ORIGIN AL PETITION AND APPLICATION FOR INJIJNCTM

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Page 24 of 35 PageID 33 .t

of the Applying neutral principles of law to resolve church property disputes, "[O]n the basis
deeds, the terms

of the local church charters, the state statutes governing the holding of church

property, and the provisions in the constitution of the general church concerning the ownership
and control of church property.", Jones v.

Wolf,443 U.S. 595 at 603 (1979), all property held by

or titled in the name of the plaintiff, and any improvements thereon, whether corporeal or
use and incoqporeal, movable or immovable, or real or personal, is held without trust for the
units benefit of the PCUSA or other national denomination, or any of its regional administrative

property titled such as Grace presbytery, Highland Park Presbyterian Church Inc. holds all
narne, and all improvements thereon, in

in its

full, complete, and unfettered ownership pursuant to the

laws of the State of Texas and as set forth in plaintiffs deeds and articles of incorporation;
has any Neither the pCUSA nor any of its regional administrative units such as Grace Presbytery

rigþt, title or interest, in trust or otherwise, in said property, nor right to determine the ownership,
use or control thereof.

B.

INJVNCTIVE RELIEF

56.

The pCUSA Book of Order ambiguously states that when there is a "report" that a

,,affected with disorder" a presbytery can, without prior notice or hearing, particular church is

..administrative commission" to indefinitely assume "original jurisdiction appoint an

of

the

and act existing session" (i,e. Remove and replace the governing body of the particular church)

to .,correct the difficulties," which can include the power to "dissolve a pastoral relationship"
(i.e. Remove and replace the local pastor). The use of an administrative commission is intended
correct to address spiritual matters and operate ecclesiastically to assure sound doctrine and to threaten the peace, any internal divisions within a particular congregation that might otherwise

purity, and unity within

a

local congregation.

PLAINTIFF'S ORIGINAL PETITION A¡¡D APPLICATION FOR

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ST.PcUsApresbyterieshavebegundepartingfromthecustomaryandexpecteduse
for temporal, civil purposes-as of administrative commissions, and have started misusing them
a device to

purported guise of try and impermissibly expropriate locar church property under the

ecclesiastical cover.

5g.

pCUSA presb¡eries, in response to dissent, whether perceived or actual, by local

external denominational actions, congregations, ministers, church offrcers, and trustees to certain

have variously: a) taken acts intended
merchantable local property titles

to

assert ownership

or place clouds on

otherwise

by

recording, without prior notice, affidavits

or

other

assert trusts on local documents in local mortgage and conveyance records which improperly

facts of a local church's property church property in favor of the denomination, regardless of the

is situated, b) without notice history or the laws of the state in which local church property
seize local church assets, and c) sought to change locks on local church property and otherwise

appointed

.,administrative commissions"

to

assert "original jurisdiction"

to supplant existing

for hearing, dissenting congregational govemance by removing, without notice and opportunity
ministers and sessions, thereby permitting the
church property and deal with it as if its own'

pcusA presb¡ery to effectively

confiscate local

Sg.

through its Heightening the threat to local congregational property, the PCUSA,

issued "Advisory opinion offrce of General Assembly (Department of constitutional services),

Note 19,,, which states in part III thereof that

if a presbytery,

such as Grace Presbytery, fails to

a local church voicing dissent over appoint an administrative commission to take over control of

the synod, ffiâY appoint an denominational policies then the next higher ecclesiastical authority,
presbytery, so as to thereby gain control of administrative commission to take over control of the

local church proPertY.

INJUNCTM PLAINTIFF'S O RIGINAL PETITION AI\¡D APPLICATION FOR

RELIEF

Page24

Case 3:13-cv-03813-B Document 1-3 Filed 09/19/13

Page 26 of 35 PageID 35

-

-

60.
to utilize

PCUSA presbyteries Illustrating the aggressive tactics increasingly being used by

..administrative commissions" as the mechanism

or

device

to try and effect

property, the PCUSA headquarters denominational ownership and control over local church
prepared legal strategy memoranda, waived any privilege

of

confidentiality, disclosed the

the internet, The PcUSA legal memoranda to the press and public, and made them available on
strategy memoranda:

the local church;

b)

property; advise how to rreezelocal church assets and physically seize

c)

a cloud on local church property titles by filing recommend placing -records, irrespective of state law or the facts of any affidavits in property proPertY in disPute;

d)

banks recommend mailing letters concerning contested property to any which or other financial institutions that hold accounts for the local church, letters..orderD that no assets be released to the local church;

f)

recommend that presbyteries in their pleadings "use spiritu.al language" to in order to posture t'hemsãlves in a pt sitive light, and to negatively refer and the local church in the caption and in pleadings as "schismatictt;

g)recommendtopresbyteries,throughtheuseofadministrative secular legal commissions, to try ana kòep the local church in a defensive
posture, counseling "Let the schismatics seek caesar's help."

61.

headquarters, has Grace presbytery, following direction from denominational

constitutionally protected freedoms, acted aggressively to squelch dissent and the exercise of through the misuse

of

"administrative commissions" as devices

for expropriating

property

on May 27,2012' one day after the bought and paid for and owned by dissenting congregations'
Texas voted by over a75o/o margin to congregation of First Presbyterian Church of Longview,

FOR INJUNCTIVE PLAINTIFF'S ORTGINAL PETITION AT\D APPLICATION

RELIEF

Page 25

Case 3:13-cv-03813-B Document 1-3 Filed 09/19/13

Page 27 of 35 PageID 36

\-

seek dismissal from the pCUSA, an administrative commission appointed

by Grace Presbytery

the week before "assumed original jurisdiction" over FPC Longview. The administrative
commission substituted itself in place of the session (board of elders) that had been duly elected by the congregation, and asserted ersatz authority as the new governing body of the local church

in order to seize use and control of all property held by or for FPC Longview'

62.

A temporary restraining order and temporary injunction while this suit is pending

is necessary to stay the hand of Grace Presbytery frorn appointing an administrative commíssion
the that would, without just cause, usurp and replace the authority of the pastor, the session, or board of trustees in order to effect control of the property. Said restraining order and temporary

injunction would protect the members of Highland Park Presbyterian Church who, under Texas nonprofit corporation law and HPPC's Articles of Incorporation, are also the members and in effect the shareholders of the local church corporation. Said restraining order and temporary injunction would preserve the status quo until such time as the question of ownership and use of

Court. Absent a the property of Highland park presb¡erian Church can be determined by this
governing body temporary restraining order and temporary injunction the rights of plaintiff, the

of Higþland park presbyterian Church (the session), and the members of the congtegation of
Highland park presbyterian Church, and the property rights
Church will be irreparably injured.

of Highland Park Presbyterian

63.

plaintiff seeks a permanent injunction in the form of the temporary injunction

and

Church, and a declaratory judgment that all property held by or for Highland Park Presbyterian

any improvements thereon, whether real or personal, corporeal or incorporeal, movable or its district immovable, is held without any trust in favor of a national denomination or any of
in the name administrative units, such as Grace Presbytery, and that all property held by or titled

PLAINTIFF'S ORIGINAL PETITION AND APPLICATION FOR INJUNCTM

RELIDF

Pase26

Case 3:13-cv-03813-B Document 1-3 Filed 09/19/13

Page 28 of 35 PageID 37

-

-

exclusive ownership and that neither the of the local church corporation is held by it in fi,¡ll and

or interest, in trust or otherwise' PCUSA nor Grace Presbytery has any right, title
property, nor right to determine the ownership thereof'

in

said

64.

violate state property law The actions by pCUSA presbyteries described above

and Fourteenth Amendments to the and trust law, free speech rights guaranteed by the First Amendment to the united united states constitution, the religion clauses of the First
States

Amendment to the United States Constitution, the due process guarantees of the Fourteenth
and substantive property rights constitution, the counterparts set forth in the Texas constitution, guaranteed under the Texas

in part constitution. The effect of such actions, if taken in whole or

or th¡eatened by Grace presbytery, would chill

if not violate the foregoing, protected rights,

impede the ability of Highland Park interfere with appropriate corporate church govemance, meeting free of improper interference' Presbyterian church to hold a çonglegational or corporate
Presbyterian church' and cloud the title of property held by Highland Park

65.
enjoyment

presumed when the deprivation Under Texas law a showing of irreparable harm is

of a constitutional right is

involved, or the protection

of the ownership,

possession, and

of immoveable property, or when the moving party

demonstrates that the action

law' sought to be enjoined is in violation of prohibitory

66.
remedy at

corporation. Its primary Highland park presbyterian church is a not-for-profit

A monetary award is thus an insufficient purpose is not monetary but spiritual and philanthropic.

law. Absent a temporary

restraining order and temporary injunction' the rights

of

park presbyterian church will be ineparably injured. lt plaintiffs and the ministry of Highland charitable endeavors of wide-ranging civic and supports numerous ministries, missionaries, and

for Humanity, Interfaith Housing community impact, including but not limited to: Habitat

ORIGIN AL PETITION anr^D APPLICA TION FOR

INJUNCTIVERELIEF

Pasez1

Case 3:13-cv-03813-B Document 1-3 Filed 09/19/13 v

Page 29 of 35 PageID 38

-

presbyterian children's Homes coalition, Dallas pregnancy Resource center,

&

service'

literacy education programs, Salvation Army partners, food banks, soup kitchens, childhood

elderly' No amount of a prison ministries, adult job training services, and assisted living for the
to the ineparable damage that would subsequent monetary award would be an adequate remedy

church that would occur as be done to the mission and ministries of Highland Park Presbyterian retaliation for the exercise of a result of confiscatory action initiated by Grace Presbytery in

plaintiffs rights.

67.

A temporary restraining order and temporary injunction during the pendency of

an administrative this suit is necessary to stay the hand of Grace Presbytery from appointing the authority of the pastor' the commission that would, without just cause, usurp and replace
HPPC property. Said temporary session, or the board of trustees to thereby effect control over

restraining order and temporary injunction would protect the members

of Highland Park

law and HPPC's Articles of Presbyterian Church who, under Texas nonprofit corporation
Incorporation, afe also the members and,

in

effect, the shareholders

of the local church

preserve the status quo until corporation. said restraining order and temporary injunction would

property of Highland park Presbyterian such time as the question of ownership and use of the restraining order and temporary church can be determined by this court, Absent said temporary park presbyterian church (the injunction the rights of plaintiff, the governing body of Highland session), and the members

of the congregation of Highland Park Presbyterian church'

and

ineparably injured' Highland Park Presbyterian church property rights will be

6g.

and temporary Inasmuch as plaintiff seeks only a temporary restraining order

plaintiff and the members of injunction during the pendency of this suit, the interests of the
outweigh any possible Higþland park presbyterian Church and its local church corporation

FOR INJUNCTIVE PLAINTIFF'S ORIGINAL PETITION AND APPLICATION

Rf,LIEF

Page 28

Case 3:13-cv-03813-B Document 1-3 Filed 09/19/13

Page 30 of 35 PageID 39

-

a temporary

from the granting of injury to Grace presbytery, the non-owner, which might result

and injunction being restraining order and a temporary injunction, said relief
interest.

in the public

69.

Church will There is a substantial likelihood that Highland Park Presbyterian

judgment' prevail on the merits of its suit for permanent injunction and declaratory a temporary \ilHEREFORE, plaintiff, Highland Park Presbyterian church, prays that
that a permanent injunction and a restraining order and temporary injunction be issued herein and
as follows: declaratory judgment be issued herein after trial on the merits

l)
(a) filing anY

- restraining and enjoining defendant Grace Presbytery of

A)andanyofitsagents,employeesorotherpersonsor
in its stead, from:

documents the subject where CountY
to Place a cloud on the titl

e e

(b) otherwise taking any action to claim or assert ownership, use' or
property, whether corporeal

inco¡poreal, determine or r-eal or personal, of local church property, ín the possession of, control of, owned by or titled in the name of Highland Park Presb¡erian Church; and

or

or a right to

riehtstothepropertyofHighlandParkPresb¡erian
butnotlimitedtoseekingtochangethelocksofHPPC,
assume HppC, appointing an administrative commission with authority to ..originai¡ïrisdict-ion" over HPPC's local governance and control of local property possessed by or titled in HPP by dissolution or otherwise, in any w and responsibilities of the em tloyees HPPC (the session), its congregation' church corporation Highland Park P

ciplinaryactionagainsttheministersormembersof

trustees);

2) 3)

pendency of this suit, from any of Temporary lnjunction - enjoining defendant during the ine acts described in paragraph 1) ofthis prayer;

from any of the acts described Permanent Injunctiop - permanently enjoining defendant

FOR INJUNCTIVE PLAINTIFF'S ORIGINAL PETITION AND APPLICATION

RIILIEF

Paseze

Case 3:13-cv-03813-B Document 1-3 Filed 09/19/13

Page 31 of 35 PageID 40

-

PraYer; and

4)

in paragraph

l) ofthis

j;;'#åï:å'"îTå:äiJ'li1å1,î,",1ÏilîJ};,"åïJl'::
rsonal, is held without trust for the use and benefit of the PCUSA y of its regional administrative units such as Grace -holds all property titled in its name, and all mplete ownership pursuant to the laws of the State ar icles of incorporation, and that neither the its regional administrative units such as Grace Presbytery has any in said property nor right to determine the ownership, use or control

ffì

pCUSA nor any of right, title or intlrest
thereof.

5)

petition and order; that defendant be served with a copy of the above and foregoing this Honorable Court that defendant be cited to answer said petition and to appear before at a date and time fixed by this court to show cause why a temporary injunction, prayed for in favor of permanent injunction, and detlaratory judgment should not issue as

ó)

plaintiff;

7)

for all ganeral and equitable relief, and;

8) for all costs of these proceedings.

Respectfully submitted,

C.

State Bar No. I 1 714600 kkrause@cdkl awfirm. com

CRADDOCK DAVIS & KRAUSE LLP 3100 Monticello Avenue, Suite 550
Dallas, Texas 75205 214-750-35s0 2r4-750-3s51 (fax)

And

Lloyd J. Lunceford lloyd.lunceford@taylorporter. com

INJUNCTIVE PLAINTIFF'S ORIGIN AL PETITION AI¡D APPLICATION FOR

RELIEF

Page 3o

Case 3:13-cv-03813-B Document 1-3 Filed 09/19/13

Page 32 of 35 PageID 41
-t

-

TAYLOR, PORTER, BROOKS & PHTLLPS, L'L.P. 451 Florida St,, 8th Floor Baton Rouge, Louisiana 70801
22s-381-0273 225-346-8049 (fax)

ATTORNEYS FOR PLAINTIFF

FOR INJUNCTIVE RELIEF PLAINTIFF'S ORIGINAL PETITION AIYD APPLICATION

Page

3l

Case 3:13-cv-03813-B Document 1-3 Filed 09/19/13 v

Page 33 of 35 PageID 42
rr''

VERIFICATION

STATE OF TEXAS

COUNTY OF DALLAS

) ) )

BEFORE ME, the undersigned Notary Public, duly commissioned and qualified in and

for the County aforesaid, personally appeared Michael W. Crain, who being first duly sworn,
did depose and say that he is Chairman of the Board of Trustees for Highland Park Presbyterian
Church, a Texas corporation and the plaintiff herein, that he has read the above and foregoing Petition for Temporary Restraining Order, Temporary Injunction, Permanent Injunction, and for Declaratory Judgment, and is familiar with the facts alleged therein, and that all information contained in the aforesaid petition is true and correct to the best of his knowledge, information
and belief.

IJ
Michael W. Crain

swoRN To AND SUBSCRIBED, before me, on thi, úuyof
Dallas County, Texas.

september, 2013, in

%
NOTARY PUBLIC

KAHEN M. LOOMIS MY COMMISSION EXPIBES

September6,2014

PLAINTIFF'S ORIGINAL PETITION AI\D APPLICATION FOR INJUNCTIVE

RELIEF

Page32

Case 3:13-cv-03813-B Document 1-3 Filed 09/19/13
ty

Page 34 of 35 PageID 43
UT

LOCAI, RULE

2.02

CERTIFICATp

UnderLocalRule2.02,IcertifythatlamunawafethatDefendantisrepresentedby
ineparable harm is imminent and there is counsel. Prior notice is not appropriate because Further, any greater time of notice would impair insufficient time to notiff the opposing party' matter of the application could the court,s power to grant relief because the subject
accomprished
be

if

further represents that, to the best further notice were required. The undersigned

is presented is not subject to transfer under of his knowledge, the case in which this apprication
Local Rule 1.06.

Kent C.

APPLICA TION FOR INJUNCTIVE PLAINTIFF' S ORIGINAL PETITION AND

RELIEF

Pase 33

Case 3:13-cv-03813-B Document 1-3 Filed 09/19/13

Page 35 of 35 PageID 44

v

APPENDIX A Municipal Addresses of HPPC "west Block" Properties
3908 McFarlin 3912 McFarlin 3916 McFarlin 3920 McFarlin 3926 McFarlin 3928 McFarlin 3543 UniversitY 3917 UniversifY 3921 UniversitY 3929 UniversitY 3909 UniversitY

Municipal Addresses of HPPC Jenkins subdivision Properties
3829 McFarlin 3833 McFarlin 3837 McFarlin

ó08743. I

Case 3:13-cv-03813-B Document 1-4 Filed 09/19/13

Page 1 of 3 PageID 45

EXHIBIT I)

Case 3:13-cv-03813-B Document 1-4 Filed 09/19/13

Page 2 of 3 PageID 46

FORM NO. 353-3 - CITATION

ATTY

THE STATE OF TEXAS
To:

CITATION
DC-13-10605
HIGHLAIID PARK PR.ESBYTERIAN CHURCH INC
vs.

GRACE PRESBYTERY INC SERVE ITS REG AGENT CONNIE M TTIBB 6100 COLWELL BLVD STE IOO DALLAS TX 75039-3148
GREETINGS: You have been sued. You may employ an attorney. If you or your attorney do not file a written ans\iler with the clerk who issued this citation by l0 o'clock a.m. of the Monday next following the expiration of trventy days after you were served this citation and petition, a default judgment may be taken against you. Your answer should be addressed to the clerk of the 298th District Court at ó00 Commerce Street, Ste. l0l, Dallas, Texas 75202.
Said Plaintiff being

GRACE PRESBYTERY INC

IIIGI{LAND PARK PRESBYTERIAN CHURCH INC

ISSI.JED THIS

10th day of September' 2013
Filed in said Court l0th day of September,2013 against

GRACE PRESBYTERY INC
For Suit, said suit being numbered DÇ:t!:!10ú0åthe nature of which demand is as follows: Suit on OTHER (CIIryL) etc. as shown on said petition REQ FORDISCLOSITRE, a copy of which accompanies this citation. If this citation is not served, it shall be returned
unexecuted.

GARY FITZSIMMONS Clerk District Courts, Dallas County, Texas

By: CARMEN MOORE& Deputy

WITNESS: GARY FITZSIMMONS, Clerk of the Disfict Courts of Dallas, County Texas. Given under my hand and the Seal of said Court at offrce this l0th day of September, 2013 ATTEST: GARY FTTZSIMMONS,
Courts of Dallas, County,

fEX¡
çr
(,4

Attorney for Plaintiff KENT C KRAUSE 3IOO MONTICELLO AVENUE
ìfr

â

:í. i,{

SUITE 550 TX 75205 2t4-750-35s0

$o

!

rtÅ¡J.á¡
F

fBt

ta)

Case 3:13-cv-03813-B Document 1-4 Filed 09/19/13

Page 3 of 3 PageID 47

OFFICER'S RETTIRN
CaseNo.: DC-13'10605
Court No.298th District Court
StyIC: vs.

HIGHLAND PARK PRESBYTERIAN CIIURCTT INC

CRACE PRESBYTERY TNC

Came to hand on the

daY

of

20-_
at
o'clock

,at
--.M'
on the

o'clock-'M'

Executed at

within the CountY

of

by delivering to the within named

of delivery. The distance actually traveled by copy of this pleading, having first endorsed on same date accompanying the with together citation this of copy true person, a each, in my hand' ffiiles and my fees are as follows: To certify which witness me in serving such process

was

For serving Citation For mileage
ß

of

ForNoøry

I
(Must be verified if served outside the State of Texas')

Sigrred and sworn to bY the said

before me

this

day

of

20--------------

to certify which witness my hand and seal of ofüce'

NotarY

Public

CountY.--

Case 3:13-cv-03813-B Document 1-5 Filed 09/19/13

Page 1 of 3 PageID 48

EXHIBIT E

Case 3:13-cv-03813-B Document 1-5 Filed 09/19/13
STIERIFF'S RETURN
Came to hand on

Page 2 of 3 PageID 49

ATTY
20
at

the

o'clock
20 at

day of aY M., and executed the by delivering to

of

IN
:::-:::298th District Court

:

the within named

defendant-in

person' a true copy of this writ.

ITIGHLAND PARK PRESBYTERIAN CHUBCIT INC
, Texas.

Sheriff

GRACE PRESBYTERY INç

JS.

-::---Order Temporary Restraining --ON THIS TIIE
ISSUED 1OTH DAY OF SEPTEMBER' 2013

FEES: Serving Copy Mileage
$

s

Total

$

:_aryD'P"tf_
KENT C KRAUSE 31OO MONTICELLO AVENI]E
STIITE 550

GARY FITZSIMMONS Clerk, District courts, Dallas Count¡ Texas

DALLAS TX 75205
214-750-3550

Case 3:13-cv-03813-B Document 1-5 Filed 09/19/13

Page 3 of 3 PageID 50

TEMPORARY RESTRAINING ORDER

- Form 322

TIIE STATE OF TE>(AS

TO

GRACE PRESBYTERY INC
WHEREAS, in a certain suit pending in

Plaintiff (s for

most gracrous TEMPORARY RESTRAINING
and Counselors, Solicitors, Attorneys, Agents, Servants Now, therefore, You, the said from employees are herebY commanded to DESIST and REFRAIN of Dallas until further order of the District Court to be holden within and for the CountY OF SEPTEMBER 2013' Of DAIIAS, At ó'3OAM ON THE 23RD DAY Judicial District of Texas at the Courthouse thereof, in the City when and where this writ is retumable. HEREIN FAIL NOT, under the penalty of the law' of Datlas county' Texas' WITNESS: GARy FITZSIMMONS, Ctert of the District cowts of Daltas, oÑ THrs rIrE 10TH DAY oF SEPTEMBER' Given under my hand and the seal of said court, æ orr*" in the city

2013.

Attest:

GARY FITZSIMMONS Clerk, District Courts, Dallas County, Texas'

Deputy

t '?
---

Case 3:13-cv-03813-B Document 1-6 Filed 09/19/13

Page 1 of 2 PageID 51

EXHIBIT F

Case 3:13-cv-03813-B Document 1-6 Filed 09/19/13

Page 2 of 2 PageID 52

C.rUstt Nt'¡tr¡cI\(toR ct.ERt; l sii l,,'\'/'l):

C¡vll. Crse Ilnolurnrto:t SHaer

-lb
r

It\lo0

Cìor, R'f l/'-oil <-Lljntí I':sE

o\l-t')i
ks,rrrl

rc\ Jr) r\llll Co; Åll Àrrc¡ic¡r is lìlct1 to initi;rtc a ncs' cir il. originrl an rvhcn ¡rctition or u¡rplication subnìiltc(l ând cl¡sc. 'fhc ,\ eir il casc inlbtnr¡tion shcel nìusl bc conrplctetl ce ntcnt is lìletl irr r linril¡ larv cnlbt l'ol ot nrt¡tion nroJilìcrtion hcllth clsc t¡t s{le¡l :¡ posr--iudgnlcnt pctition lbr
(

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rhc tinle

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ll

Case 3:13-cv-03813-B Document 1-7 Filed 09/19/13

Page 1 of 4 PageID 53

EXHIBIT G

Case 3:13-cv-03813-B Document 1-7 Filed 09/19/13

Page 2 of 4 PageID 54

3LÌ.lf\l".t
CAUSE NO.

5g'.l

ORIGINAL
$

HIGHLAND PARK PRESBYTERIAN
CHURCH INC.

IN THE DISTRICT COURT

$ $ $

Plaintiff,
v.

DALLAS COUNTY, TEXAS

$ $
$ $

GRACE PRESBYTERY, INC.
Defendant.

JîT JUDICIAL DISTRICT

TEMPORARYRESW
After considering Plaintiffs Original Petition for Tønporary Restraining Order,
Prelirninary lnjunotion, Pernanent Injunction, and Declaratory Judgmørt filed by Highland Park
Prasbyterian Chwch, the Court finds there is evidence that harm is immine,nt to Plaintiff and

if

the court does not issue the temporary reshaining order, Plaintiff will be ineparably injrued.

Fwtlrer, an er( .parte order, wiürout notic'e to Defendant is neccssry becæse û¡ere \Mas not
enough time tô give notice to Defendant, hold a hearing and issue a restraining order before the

ineparable injury or damage would occrr as set forth in the Petition.

THEREFORE, IT IS HEREBY ORDERED, that this Temporary Reshaining Order be
and

it is hereby issued against Grace Presbytery of the Presbyterian Church (USA), its officers, in active concert or participation

agents, employees, and counsel, and any persons or entities

with the Presbytery, or acting by or through the Presblery or on its behalf or in its stead (herein

"Presbytery"); This Temporary Restaining Order pertains to all property held by or for
Highland Park Presbyterian Chr¡roh and its civil corporation ("HPPC"), both immovable (real)

together

with all buildings and improvements thereon, and movable (personal), whether

corporeal or incorporeal, wherever located, whether held by, for, or in the name of HPPC. The Presbytery is enjoined from filing any documents in the deed and conveyance records of Dallas

TEMPORARY RESTRAINING ORDER

Page

I

Case 3:13-cv-03813-B Document 1-7 Filed 09/19/13

Page 3 of 4 PageID 55

County to assert ownership, use or contol, or rights to determine ownership, use or conhol, to

any immovable property titled

in the

name

of HPPC or to asstrt a trust on behalf of the

Presbytery or other affiliated third party over immovable property titled in the name of HPPC, or
othe,n¡rise held

by or for HPPC, the effect of which would be to place a cloud on the title of said

immovable property, or othe,rrrrise interfe¡e with or disturb plaintiffs ownership, use, conhol, or disposition of plaintiffs personal or real property, or interfere with plaintifPs right to determine the ownership, wo, co.nEol, or disposition of pøsonal or real property held by or for HPPC or
held in the possession of, conhol of, or owned by or titled in the name of HPPC,

IT IS FURTI{ER ORDERED that Grace Presbytery of the Presb¡erian Church (USA),
and any peñons or entities in active concert or participation with it, on its behalf or in its stead,

whether acting directly or indirectly, ïte tcmporarily enjoined from taking any action that could affect the property rights of HPPC, including but not limited

to: 1) seeking to change

the locks

of HPPC; 2) initiating any disoiplinary or other retaliatory action against the employees, officers,
ministers or menrbers of HPPC which directly or indirectly arises from or is connected to any

property issue raised in, prompted by, or related to the subject matter

of this litigation;

3)
an

dissolving HPPC

or appointing or initiating processes

leading

to the appoinünent of

adminisfrative commission to assert original jurisdiction, directly or indirectly, ovø HPPC in ordsr to assume or effect conhol over the ownership, use, or disposition of the personal or real property; or, 4) othenvise interfering with the normal duties and responsibilities of the officers, ministers, and employees of HPPC, the gove'rning body of Plaintiff(the session), or the board

of

trustees (the governing body of Plaintiff) or any designees thereof in any way that pertains to the

ownership, contol, use, or disposition of the personal or real property held by, for, or in the
name of HPPC.

TEMPORARY RESTzu\INING ORDER

Page2

Case 3:13-cv-03813-B Document 1-7 Filed 09/19/13

Page 4 of 4 PageID 56

Nothing in this Temporary Restraining Order shall preclude the Presbytery from taking
ecclesiastical action for non-pretextual ecclesiastical cause that is unrelated to this litigation or any property issue raised in, prompted by, related to, or affecting the ownership, control, use, or

disposition of the personal or real property held by, for, or in the name of HPPC.

IT IS FURTHER ORDERED that the clerk is to

issue notice to Defendant that the

hearing on PlaintifPs application for temporary injunction is set for

Lday

of

W

2013,

a¡Wo'cloct

# .m. The purpose of the hearing shall be to determine whether this

temporary restraining order should be made a temporary injunction pending a full trial on the
merits.

IT IS FURTHER

ORDERED that this Temporary Restraining Order shall not be

effective unless and until Plaintiff executes and files with the clerk a bond in the amount of

Moilars($só^*f
IT IS FURTHER ORDERED, that this Temporary Restraining Order expires
days hereafter from the date entered or until further order of this Court.

fourteen

srcNED

thi"

/0

day of

.7^

,zor3, at/ZfÍo'crof.n.

JüDCEÉ.TIDIm

ONTRnT

eq?&Juotctlr

r0R f,D0t

ourflcT

ff lltuts

00üffiT, IuÂs

TEMPORARY RESTRAINING ORDER

Page 3

Case 3:13-cv-03813-B Document 1-8 Filed 09/19/13

Page 1 of 3 PageID 57

EXHIBIT H

Case 3:13-cv-03813-B Document 1-8 Filed 09/19/13
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Case 3:13-cv-03813-B Document 1-8 Filed 09/19/13

oFFtctAL RECETPT¡

Page 3 of 3 PageID 59

DALLAS GOUNiTY OFFICIAL RECEIPT GARY FTTZSIM,MONS, DISTRICT CLERK
ryor

IADDOCK DAVIS & KRAUSE LLP

Receipt No.

51042-2013-DCLK
Transaction Date

09t10t2013
)n Behalf Of HIGHIAND PARK PRESBYTERIAN CHURCH tNC
DC-13-10605 HIGHLAND PARK PRESBYTERIAN CHURCH INC vs. GRACE PRESBYTERY INC Bond Account CASH BOND DEPOSTT (CtvtL) SUBTOTAL

500.00 500.00

PAYMENT TOTAL
CHECK (Ref #371 81 ) Tendered

500.00
500.00 500,00 0.00

TotalTendered
Change

ogt10t20't3
0 1:19 PM

Cashier Station DC114 OFFICIAL RECEIPT

Audit
56984561

Case 3:13-cv-03813-B Document 1-9 Filed 09/19/13

Page 1 of 36 PageID 60

EXHIBIT I

c-13-10006 t tt)
,f FloAvlI ,6 t40 t

Case 3:13-cv-03813-B Document 1-9 Filed 09/19/13

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Il\

CAUSE NO.

HIGHLAND PARK PRESBYTERIANI CHURCH INC. Plaintiff,
v. GRACE PRESBYTERY, INC. Defendant.
$

AIIFIDAVIT OF MICITEAL \il. CRAIN
STATE OF TEXAS
$ $ $

COUNTY OF DALLAS

BEFORE ME, the undersigned authority on this day personally appeared MICHAEL W.

CRAIN, known to me, who after being by me first duly swom hereby deposes and says:
1

My name is Michael W. Crain, and I am the Chairman of the Boa¡d of Trustees for Highland Park Presbyterian Church Inc., Plaintiff in the above-captioned matter. I am ovorthc age of eighteen (18) years, haveneverbeen convictod of a crime and am fully
competent to make this affidavit. am duly qualified, competent and authorizeÅ to make this affidavit, the facts of which a¡e within my personal knowledge and are true and correct.

2

I

3

I have reviewed the attached Plaintiffs Original Petition and Application for Injunctive Relief and specifically affirm the information contained in paragraphs 7 through 45 and paragraphs 55 through 69 as true and correct to the best of my knowledge, information and belief.
Further Affiant saith not.

4.

I,J
MICHAEL W. CRAIN

SWORN TO AND SUB SCRIBED BEFORE ME, thE of September,2013.
IGÀENM. LOOiIIS
MY COiIMISSION EXPIRES

authority

this the

lfl",

S€pþmbor6, A014

State of Texas

A¡rnnvlr

oF MICHAEL W. CRAIN

Pnce I on I

Case 3:13-cv-03813-B Document 1-9 Filed 09/19/13

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Page 3 of 36 PageID 62

CAUSE NO. DC:

HIGHLAND PARK PRESBYTERIAN CHURCH INC.
Plaintifi,
v.

$ $

IN THE DISTRICT COURT

$
$ $
$

DALLAS COUNTY, TEXAS

GRACE PRESBYTERY, INC.
Defendant.

$ $

JUDICIAL DISTRICT

PLAINTIFF"S ORIGINAL PETITION AND APPLICATION FOR IN.I,JNCTIVE RELIEF
TO THE HONORABLE JUDCE OF SAID COURT:

plaintiff Highland Park Presb¡erian'Church Inc., a Texas nonprofit

corporation,

complains of Defendant Grace Presbytery, Inc. and for cause of action respectfully alleges:

l. pIscgyER,Y cONrB9L PLAI{ LEVEL

3

l.
Civil

Discovery

will be conducted under Level 3 of Rule

190 of the Texas Rules

of

Procedure.

il.
REOU.E-ST FOR DTSCLOSURE

2.

Defendant Grace Presbytery, Inc. ("Presb¡ery" or "Defendant") is requested to

disclose, within

fifty (50) days of

service

of this Request, the

information and materials

described in Tex. R. Civ. P. 19a.2(a)-(l). Copies of any documents produced in response to
these Requests must be produced before the expiration of fifty days of the service hereof at the

office of the undersigned counsel or at a ptace agreed upon by counsel.

PLAINTIFF'S ORIGINAL PETITION

AI\¡ID

APPLICA TION FOR INJUNCTM

RELIEF

Page I

Case 3:13-cv-03813-B Document 1-9 Filed 09/19/13

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Page 4 of 36 PageID 63

III:
PARTIES

3. 4,

PlaintiffHighland Park Presb¡erian Church Inc. ('HPPC or Plaintiff') is

a Texas

not for profit corporation located in Dallæ. Defendant Grace Presbytery, lnc., at all times material to this action, was and is a

Texas nonprofit corporation doing busincss in Dallas County, Texas. Defendant may be cited to appear by serving its registered agent for service

of process: Connie M. Tubb, 6100 Colwell

Blvd., Suite 100, Dallas, Texas 75039-3148.

ry.
JURISDICTIqN A¡ID VENUE

5.

This Court has jurisdiction based on the Texas Constitution and laws of the State

of Texas, and these claims are within this Court's jurisdictional limits. Plaintiffbrings this action

for injunctive and declaratory relief under the common and statutory laws of the State of Texas
and the United States

of Amsrica.

(See, e.g. Serbian Eastern Orthodgx Diocese

v. Milivojevich,

426 U.S. 696 (1976); Jones v. Wolf, ,143 U.S. 995 (1979), andi Brown v. Clark, 102 Tex. 323, 334,11ó5 W. 360 (1909). Plaintiffseeks monetary relief of $100,000 or less and non-monetary rdlief.

6.

Venue is proper in Dallas County pursuant to Tex. Civ, Prac.

&

Rern. Code,

$15.001, et seq.

v.
FACTS

7.

Defendant Grace Presb¡ery is a district administrative unit of the Presb¡erian

Church (USA) (UPCUSA" or "denomination"). It is one of 173 such presbyteries in the PCUSA
and is comprised of commissioners (presbyters) from approximately ló5 congregations located

throughout 53 counties in Northeast, North Central, and Central Texas. Its principal offices are

PLAINTIFF'S ORIGINAL PETITION AIÌD APPLICATION FOR INJUNCTIVE

RELIEF

Page¿

Case 3:13-cv-03813-B Document 1-9 Filed 09/19/13

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Page 5 of 36 PageID 64

located at 6100 Colwell Blvd., Suite 100, Irving,

Tx

75039-3t48: The PCUSA, headquartered

in Lexington, Ky, was formed in

1983 by the merger

of the Presb¡erian Church in the United

States (the pCUS, or southern branch) and the Presbyterian Church

in the United States of

the America (the UPCUSA, or northem branch). Upon formation of the PCUSA, the PCUS and

UPCUSA both ceased to exist as separate denominations, and Grace Presb¡ery became a district administrative unit of the PCUSA. The PCUSA cunently has approximately 10,500 me¡nber
churches located throughout the United States, including the State of Texas and Dallas County.

Although the national constitution of the PCUSA, The Book of Order, was amerided to allege

a

trust in favor of the pCUSA over all property held by or for particular churchcs that are affiliated

with the PCUSA, authority under the Book of Order to waive the alleged trust o¡ seek its
enforcement against a particular chr¡rch is granted to the presb¡ery in whose geographic bounds
a particular church is situated.

8.

Highland Park Presbyterian Church (or "HPPC") is a particulæ church of the

PCUSA and is a Texas nonprofit corporation domiciled in Dallas County. Prior to its affiliation

with the PCUSA in 1983, HPPC was a member church of the PCUS. HPPC was first organized

in

1926 and first incorporated on January 31,1928, as "Highland Presb¡erian

Church". HPPC

variously amended or restated its articles of incorporation, or reincorporated, in 1978, 1981, and

2006, The members of the local church corporation are all those who are on the active rolls of the local congregation. HPPC, located within the geographic bounds of Grace Presbytery, has
approximately 4,000 members on its active rolls, is the largest Presb¡erian church in the state of Texas and, on information and belief, is one of the largest Presb¡erian churches in the United
States.

PLAINTIFF'S ORIGINAL PETITION AI\D APPLICATION FOR INJUNCTM

R"0LIEF

Pagc 3

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Page 6 of 36 PageID 65

A.

TIIE ARTICLES OF INCORFORATION FOR HIGHLAI\D PARK
PRESBYTERIAN CHURCH

g.

As more ñrlly set forth below, at all relevant times the articles of incorporation

of

Highland Park Presbyterian Church have provided that the mernbers of the corporation or its
corporate board of trustees, whe¡r managing the civil affairs of the oorporation, shall exercise all powers of the corporation. Said articles further

grüt, without limitation, exclusive

and plenary

authority on all property matters to the local board of trustees or local congregation without such

authority being made subject to any other ecclesiastical entity or to the provisions

of

any

denominational constitution that are in conflict with the local church's articles of incorporation or

with the laws of the State of Texas.

10.

At no time in its history have the articles of incorporation for Highland

Park

Presb¡erian Church contained any provision creating or establishing any trust, express or
implied, in favor of a national denomination upon the property held by or for the local church or

its civil corporation. Said articles were never amended to add such trust provisos. Neither the
congregation, the session (the goveming body of the local church for ecclesiastical matters), or the board of trustees of Highland Park Presb¡erian Church, Inc. (the governing body of the civil

corporation for tønporal matters like propøty) have ever adopted a congregational, session, or corporate resolution creating or assenting to a trust pertaining to property held by or for the particular church.
I

L

As noted above, "Highland Park Presbferian Church" was first incorporated on

January 31, 1928. No mention is made in these original articles of any specifrc denomination.

The statemerit of objects and purposes in Article II state that the corporation is formed "in the
support of public worship, to wit: the mainteriance of the Presbyterian Church". Article V states

that "the corporation has no capital stock othcr than the lot owned by the Church upon which the

PLAINTIFF'S ORIGINAL PETITION A¡{D APPLICATION FOR INJUNCTM

RELIEF

Pasc 4

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Page 7 of 36 PageID 66

Article IV provides that Church building is to be erected, of the estimated valuc of $60,000.00." is made in the the term for which this 1928 corporation is to exist is "50 years". No mention

nor is Articles of Grace presbytery, the Presbferian Church (USA), or their predecessors,
its predecessors mention made of any ür¡st ov€r local church property in favor of the PCUSA or
and enforceable by Grace Presbytery

12.

Fifty years later "Highland Park Presb¡erian Church" amended and rcstated its

part that the objects articles of incorporation, on January I , 1978. Article III provided in relevant prescrve public and pgrpose of the corporation would be to, "encourage, support, maintain and

worship in the presbyterian Church". Aficle III(a) and (b) gave exclusive and plenary authority

on all property mattert, both real and personal, to the corporation, subject only to
nonprofit corporation

Texas

law.

The articles of incorporation do not make the exercise of the

corporation's powers with respect to prop€rty subject to any ecclesiastical provisions or to any
ecclesiastical entities beyond the local "Highland Park Presb¡erian Church". The only me¡rtion

of any other ecclesiastical entity is found in Article VI, which states that "the business and affairs

of the corporation shall be managed by a board of trustees comprised of five pen¡ons, exc€pt
otherwise provided by the Book'of Church Ordsr

as

of the Presb¡erian

Church in the United

States". This Article, howevø, does not say, "as that Book of Church Order may be amended

from time to time", for example, nor otherwise subordinate the managetnent, control, or
operation of the civil corporation to a ssparate religious charter. Article VIII provided that in the_

or event of dissolution the assets of the corporation would not be distributed by or to the PCUSA any of its presbleries but would instead be disüibuted in accordance with the provisions

of

made in Texas nonprofit corporation act and the Internal Revenue Code of 1954. No mention is is the A¡ticles of Grace presb¡ery, the PresbyJerian Chwch (USA), or their predecessors, nor

PLAINTTFF'S ORIGIN AL PETITION AIìD APPLICATION FOR

INJUNCTM

RETIEF

Pagc 5

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Page 8 of 36 PageID 67

mention made of any Er¡st over local chwch property in favor of the PCUSA or its predecessors
and enforceable by Grace Presbflery.

13.
of

On Septønber

27

, 1981, Highland Pa¡k Presb¡erian Church amended its articles

incorporation to newly provide that

it

pledged the assets

of the corporation for use in

performing the general religious fi,¡nctions set forth in Article

III of its 1978 Articles,

and to

newly provide that, in the event of dissolution, recipiørt organizations of any distribution of
assets must

qualify for an exonption from Texas property taxation under the Texas property tax

code. As before, all such potortial distributions continued to be at the exclusive discretion of the
trustees

of the corporation and would be in

accordance with a plan

of distribution

adopted

pursuant to Texas nonprofit corporation

law, No mention is made in the Aficles of Grace

Presbytery, the Presbyterian Church (USA), or their predecessors, nor is mention made of any

trust over local church property in favor of the PCUSA or its predecessors and enforceable by
Grace Presb¡ery.

14.

On Nove¡nber 14, 2006, Highland Park Presbyterian Church amended of incorporation. New Article III defines the objects and purposes of

and the

restated its articles

corporation to, "encourage, support, maintain and preserve public worship. The assets and
properties of the corporation are hereby pledged for use in performing its exernpt functions." No

mention is made in the Articles of a particular denomination. Exclusive and plenary authority

for all corporate matters authorized under Texas non-profit corporation law, including but not limited to property matters, is vested in the corporation and its boa¡d of trustees without
reference to or being made subject to any ecclesiastical provision or any entity other than the corporation, "Highland Park Presbyterian Church". As previously stated in prior iterations of the

Articles of Incorporation, the 2006 Articles of Incorporation provide that, upon dissolution of the

PLAINTIFF'S ORIGINAL PETITION AND APPLICATION FOR INJUNCTM

RELIEÍ'

Paseó

Case 3:13-cv-03813-B Document 1-9 Filed 09/19/13

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Page 9 of 36 PageID 68

corporation, distribution

of all

of corporatc assets shall be made exclusively by thc board

tn¡stees, at its sole discretion, to organizations

in the state of Texas organized and

operated

are described in section exclusively for religious, charitable and/or educational purposes that

from Texas property 501(cx3) of the Federal Tax code and that are qualified for exønption

Articles of Grace turation under the Texas property tan code, No mention is made in the
nor is mention made of any Presb¡ery, the Presbyterian Church (USA), or their predecessors,
and enforceable by trust over local church property in favor of the PCUSA or its predecessors Grace Presbytery.

15.

On August 31,2006. the board of trustees of the church corporation adopted

2006 bylaws state that amended and restated bylaws (200ó bylaws). Article I, Section 2 of the
purposes the corporation will be "operated exclusively for religious, charitable and educational

within the meaning of Section 501(cX3) of the Internal Revenue Code of 1986, as amended ..'"'
Church No mention is madc anywherc in the 200ó bylaws of Grace Presbytery, the Presbyterian

(USA), or their predecessors, nor is mention made of any trust over local church property in
favor of the PCUSA or its predecesson¡ and enforceable by Grace Presbytery.

16.

Article I, Section 4 of the 200ó bylaws provides that all members on the active
Highland Pa¡k Presbyterian Church shall be members

roll of the congregation of

of

the

corporation (which corDoration shqll

h
I

")'
that the duties and responsibilities the

17.

Article II of the 2006 bylaws states in Section

of of6csrs of the corporation under the Texæ nonprofit corporation act shall be vested in

delegates all session (ecclesiastical governing body) of the Church and that the board of trustees

of its authority to manage thc corporation to said session
Article II, Section
2.

"except

þr

the authority granted under

,, Article II, Section 2 of the 2006 bylaws provides that the board of trustees

ORIGINAL

AI\D APPLICATION FOR INJUNCTM

RELIEF

Pase't

Case 3:13-cv-03813-B Document 1-9 Filed 09/19/13

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Page 10 of 36 PageID 69

shall have plenary and exclusive authority to act on behalfof the corporation:

acquiring ¡nd conveying title to such property, the holdlng and defendlng tldõ to thi srme, and the manrging of ony permrnent speclal funds entrusted to them for the further¡nce of the purposes of the Church. In buying selling' and mortg¡ging real property on beh¡lf of the Corporrtlon, the bo¡rd of trusteec shall ¡ct solelv under the-Êuthoritv of the Church. granted in r duly constltuted meeting of the congregrtion.

For buying selllng, and mortg¡gng of the property for the Church'

B.

T,HE PROPERTY OlryNED BY TIIGHLAI\D PARK PRESBYTERIA¡I CHURCH

18.

The deeds for all real property owned and held by Highland Park Presb¡erian

Church list the owner in title as "Highland Park Presbyterian Church, a Texas corporation". No mention is made of any particular denomination, district presbytery, or other ecclesiastical ørtity. None of the decds contain any trust language, use restictions or reservations of rights othel than

one transfer restricting certain property for use as a church of unspecified nature. The real

property owned and held by Highland Park Presbyterian Church falls into three gøreral
categories:

a)

"Egg!-@gg"

The main physical plant of Highland Park Presbyterian Church, where

the sanctuary and associated buildings are located, commonly known as the "East Campus", is
situated on two Eacts, to wit:

Tract One:

Lake Park and Highland Park Presb¡erian Church Tracts, an Addition to The City of University Park, Texas, according to the Plat thereof Recorded in Volume 4, Page 169, Map Records of Dallas County, Texas; and containing 3.3,$416 acres of land, and being in the John Scurlock Survey, Abstract No. 1351, Dallas County, Texas; and being the same property described in Deed filed Nove'mber 29, 1932, Volume 1779, Page 600, Deed Records of Dallas County, Texas; and having an address of 3821 University Boulevard, University Park, Texas, 7 5205.

BEING Tract No.

l, of Univøsity

Tract Two:

BEING Lots 9 and 10, Block B, of Windsor Place, an Addition to The City of

PLAINTIFF'S ORIGINAL PBTITION AND APPLICATION FOR INJUNCTM

RELIEF

Page E

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Page 11 of 36 PageID 70

2, Page 299' Dallas, Texas, according to the Plat thereof Recorded in Volume feet of land, f"fãp ñr*r¿r'of putl.r õounty, Texas; and containing 18,740 square Dallæ roi. ot less, and U"ing in thé ¡ohn Scurlock Survey, Atstract No. 1351, filed Deed Claim Co*ty, it*"r; and being the same property des.tiq.l in Quit County, 1974, Volumã 74lgl, Yage Zt+0, Deed Records of Dallas Octobä Park, University fexæ; aná having an address of 3gãt University Boulevard,

l,

Texæ,75205.

b)

"@!d"

HppC also owns a contiguous block that consists of eleven residential

properties, commonly known as the "west

Block". The municipal addresses of

these "west

hereof' These Block" properties are set forttr in Appendix A, attached hereto and made a Pàrt
,,West Block,'properties are located within Block B of Windsor Place, an Addition to the City

of

2,Page 299, University park, Dallas County, according to the Map thereof recorded in Volurno Map Records of Dallas CountY.

c) "Jerùins propertiesu HppC also owns certain "Jenkins

Subdivision" properties,

McFarlin, and consisting of th,ree houses whose municipal addresses arc 3E29 McFarlin, 3833
Lots 3g37 McFarlin, all being located on a contiguous block to the south of McFarlin, and being Presbyterian Z, g, and 9 in Jerikins Subdivision of Tract 3 of University Park and Highland Park

Church Tracts according to the Map recorded in Volume 4, Ptge 24, of the Map Records

of

a part Dallas County. These propei.ties are also listed in Appendix A, attached hereto and made

hereof.

19.

The estimated value of the real property of Highland Park Presb¡erian Church is

thirty million dollars ($30,000,000.00). All of it, the land and all improvønents thereon' were
purchased, built, insured, and maintained using funds donatcd exclusively by local members

of

HppC, without any assistance from the PCUSA, Grace Presbytery or their predecessors-with

fot the single exception of one "loan" from the PCUS Home Missions Board on May 25,1927
$7,500.00.

20.

According to HPPC minutes of June 12, 1927, this $7,500.00 sum was "aid
AIIID APPLICATION

'

"

to

PLAINTIFF'S

INJUNCTM

RELIEF

Page e

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that in order to obtain such aid in such enable us to erect and possess a House of wonhip arrd church to execute a bond in the amount of amount it would be neccssary for the Trustees of the

by a lien on the chufch property. However, $7,500.,, Repaymørt of the bond was to be secured
only if HPPC ceased corporate according to the June 12, lg27 minutes, re-payment was required
sxistence or
,,the

House of worship be mortgage and property be alienated or abandoned, or the

alienated or abandoned as a House of Worship"'

21.

not provided any Grace Presb¡ery, the PCUSA, and their predecessors have

(85) years. HPPC has, however' since substantial financial support to HPPC in over eighty-five Presbytery, the PCUSA, its formation in 1926, made substantial financial contributions to Grace
1998 forward, HPPC has donated and their predecessors. over the past fifteen years alone, from

voluntary missipn to Grace presbyte,ry and to the PCUSA, in voluntary per capita contributions,

giving, and special offerings and other related giving and support, in excess of $3,000,000'00'

C.

TTIE BASIS OF GRACE PRESBYTERY'S CLAIM TO THE PROPERTY OF IIIGHLA¡{D PARK PRESBYTERIATI¡ CIIURCTI

22,

The Constitution of the PCUSA consists of two parts, the Book of Confessions

(part t) and the Book of Order (part
and statements of church governance

II).

The Book of Confessions contains doctrinal staternents

(polity). The Book of Order focuses on church governance

Directory of Worship and divides itself into three main sections: the Form of Government, the revision, effective July, and the Rules of Discipline. The Book of Order underwent substantial

2lll,

and many

of its former

provisions that were retained were newly numbered' The

provisions

in the pCUSA

Constitution relating

to

property are found primarily but not

G-4.01 exclusively in the Form of Government of the Book of ordø, Chapter Four

- G.4'40208

(formerly Chapter VIII, G-8.000

-

G-8.700)'

23.

The pCUSA Book of Order includes a trust clause, C-4.0203 (formerly G-

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8.0201), which asserts that,

"All pfoperty held by or for a particulu church .;. is held in tust

clause is the basis nevenhcless for the use and benefit of the Presbyterian Church (USA)." This

disposition of for the assertion by Grace presbytery of a right to assert control ovsr the use and
this clause, all property held by or for HPPC, Inc. It is the position of HPPC, Inc., however, that

year of the PCUS' and its predecessor added to the PCUS Book of Church Order in the last under the existørce, a¡e not applicable to plaintiffs property and are not legally enforceablé Constitution or laws of the State of Texas.

24.

The pCUSA Book of Ordsr contains a clause asserted by the denomination to

(such æ pertain to ownership. G4.O2O7 (formcrly G-8.0600) alleges that a PCUSA presbytery geographic Grace presbytery) may dictate ownership of local church property located within the

or bounds of the presbytery-under certain circumstances that the presbytcry can manufacture
(6-5). create. The pCUS Book of Church Order was amended in 1982/83 to add a similar clause

On information and belief, the PCUS Book of Church Order did not previously contain a similar

clause. It is plaintiffs position that G-4.0207 and any predecessor clause in the PCUS Book of Chwch Order are not applicable to plaintiffs property and are not legally enforceable under the
Constitution or laws of the State of Texas.

25.

C.4.0205 (formerly G-8.0301) of the PCUSA Book of Order pertains to departure

from the pCUSA and provides that when a local church ceases to bs a particular church of the

pCUSA its property shall be "held, used, applied, transferred, or sold as provided by the
presbytery." The PCUS Book of Church order wæ amended in 1982/83 to add a simila¡ clause

(6-4). On information

and belief, the PCUS Book of Church Order did not previously contain a

similar clause. It is the plaintiffs position that G-4.0205 and any predecessor clause in the

pCUS Book of Chr¡rch Order a¡e not applicable to plaintiffs property and are not legally

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enforceable t¡nder the Constitution or laws of the State of Texas'

26.

that Alttrough G-4,0206 (formerly G-8.0501) of the PCUSA Book of Order states

particular church can sell, mortgage the w¡itten pernrission of the presbytery is required bcfore a

of the PCUS or othenvise ericumber any of its real property, Chapter 6 of the 1982/1983 edition
Book of chursh order did notcontain such
a

requirønent but, to the contrary, stated the opposite

,Nothing in this chapter shall be construed to requirc a particular church to seek or at 6-g, that
particular church in obtain the consent or approval of any church court above the level of the of its affairs as order to buy, sell or mortgage ttre property ofthat particular chr¡¡ch in tho conduct
a church of the PCUS."

27.

In addition, other property provisions in Chapter VIII of the PCUSA Book of

of the Order that are not substantially similar to provisions in Chapter 6 of the 1982/1983 edition
Church and PCUS Book of Church Order are also not applicable to Highland Park Presbyterian
are not legally enforceable under the Constitution or laws of the State of Texas.

Zg.

The Book of Order includes "Historic" (i.e., foundational) Principles of Cliurch

Order. These basic pCUSA governing principles state at F-3.0101 that, as a matter of religious
the power freedom, provisions of the denominational constitution are not to be enforced through

of civil courts. F-3.0101

states:

6.God rlone is Lord of the conccience, and h¡th left it free from the doctrlne¡ ¡nd commandment¡ of men which are in anythlng contrul to his lVord, or beside it, in matters of f¡ith or worshlp''

(¡)

Th¡t

Therefore we consider the rtg[ts of private judgmenÇ in ¡ll matters thet respect rellgion, al unlyen¡l ¡nd un¡lienable: We do not elven wish to further than mrY be time, be equal and same ¡nd ¡t the common to ¡ll other¡.

(b)

Zg.

The Book of Confessions (Part I of the constitution of the PCUSA) fr¡rther sets

forth the principle that the collective organization or gathering (communion) of Ch¡istians under
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property burden or infringe existing or væted a Þresb¡erian form of governnrent should not of |647, included in the Book of Confessions, rights' Specifically, thc Westminster Confession
statos at 6.148,

.Nor doth their communion one with another æ saints, take away or infringe the

titleorpropertywhicheachmanhathinhisgoodsandpossessions.''

30.c-4.0208(formerlyG-8,0700)ofthePcUsABookofordetsetsforthan
provides of the PCUSA Book of Order' G-4'0208 exernption from ceftain property provisions of the PCUSA shall be bound by any of the that no particular church (local congregation)

in not previously subject to a similar provision property provisions in the Book of order if it wæ to immediately prior to the creation of the the denominational constitution it was subjeot

PcusA

-

as long as that congregation,

of within a pøiod of eight years following the establishment

pcusA,

votes to claim this exemption. In the event

of such timery vote, a particular church

,.shall hold title

to its

property and exercise its privileges

of

incorporation and'property

to which it was subject irnmediately prior to ownership under the provisions of the constitution USA"' the establishment of the Presbyterian Church

31.
meeting on

the exønption clause of GHighland park presbferian church timely exercised

4.020g (then G-g.0700)

of the pcusA Book of order at a regularly

calted congregational

April 29,1984. At that meeting the congregation

adopted a motion to exercise the

exemption provision

in (then) chaptø vlll of the PCUSA

Book

of order' it being

the

the at the time that by doing so it would "continue understanding and intent of the congregation

in accordance with Pcus Book of church order holding of property of Highland Park church
(1982-33 edition), "The Form of Goveíiment, chapter

Vl'"

This action takeir by Highland Park

an intent by presblerian church, notice of which was received by Grace Presbytery' manifests ownership or control claims by a denomination, Highland park presbytøian church to reject any

ORIGINAL

AiìID

FOR

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and to reject the concept of or claims by the denômination of a right to determine ownershiP,

or establishing a trust' for the use holding or conveying any of its property in trust, or creating
PCUSA or the PCUS' and benefit of a national denomination, whether the

32,

April 29, 1984' As ñ¡rther indication of intent, according to the minutes of the

church claimed the exønption, the congregational meeting at which Highland Park Presb¡erian

individual who moved that the congregation claim the exanption,

Mr'

Burton Gilliland

explained prior to the (corporate trustee and chairman of the property acquisition committee), ,'to the mann€r in which the church owns and operates its real vote that the motion pertained
estate

...

of Church In our former defiomination (PCUS) we operated under the PCUS Book

property' The new Book of Order Order which gavc the congregation complete control over its by action of the congregation, PC(USA) provides that our former deriomination (PCUS) could,
explanation, provided to opt to continue operating its property as in the past." The text of this
and intent was to the congregation immediately prior to its vote, indicates that its understanding

to control the use and prescrve not only the congregation's ownership but also its exclusive right disposition of all of its property.

3S.Followingthecongregationaladoption.oftheApril2g,lgS4motion,thc
congregation notified Grace Presbytery

of its action, which notice, pursuant to

G'3'01084

(formerly G-g.0407

- g.040g) of the pcusA

Book of order was accepted without objection by

and in accordance with the Grace presbytery in affirmation that said proceedings were "regular

in the form of a letter from Constitution,, and were "prudsnt arrd equitable". This notice was
Hart, Stated Clerk of Grace Harry S. Hassall, Vice-Moderator of the HPPC session, to Rev. A.M.
Presbytery, dated MaY 7,1984.

34.

G-4'020E The effect of HpPC, Inc.'s timely vote to claim the exernption of

PLAINTIFF'S OR¡CINAL PETITION A}ID

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6-8 of ttrc PCUS Book of chr¡rch order (formøly c-s.ozOo) and ttrøeby fall back on section within the G-4.0203 (formerly c-8'0201)' even was to negate the assertion of a tn¡st at right to The express reservation of an unfettered
denomination,s own governing documents.

of giving of one's own property is mutually exclusive determine the use, conhol, or disposition
consenttoanotherpartytodeterminetheuse,control,ordispositionofthatsameproperty'

35.Forapproximatelysixtyyears,ftomthetimeHighlandParkPresbyterianChurch its existe,nce until 1982, no denomination was for¡rded in 1926, and continuously tluoughout trust clause in the deîominational with which it was affiliated ever contained any express constitution. prior to the addition of
express

h¡st language in the 1982/1983 edition of

the

pcus

which it was affiriated ever contained in its Book of chuch order, no denomination with

property which ran constitution any imptied trust over local church
denomination.

in favor of the national

?6.

and the "northern church"' In anticipation of the merger of the "southern church"

the PcusA' the PCUS Book of church in the year immediately prior to the 1983 formation of
clauses, in section 6-l Section 6-2 and 6-3' ' order was re,portedly amended to add express trt¡st of the Pcus Book of church ordef' which clauses ñnt appeared in the lg82/1g83 edition and are of uncertain meaning. Sections ó-l These three trust crausss are ambiguous, inconsistent
and

pcus Book of church order assort that a particular 6_20f thc lgg2llgg3 edition of the ("the both the benefit of the particular church church holds titre to property in tust for
corporation

" in 6-2) and the denomination,

Section

ó'3

asserts

a tn¡st in favor of

the

de¡romination.

17.

to the constitutions of the national The process whereby trust clauses were added

denominations

action by the local did not include or result from an)f vote, approval or

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congregation

of

Highland Park Presb¡erian Chr¡rch

or its conesponding plaintiff civil

at issue. Instead, corporation, which is the owner and titleholder of record of the real property

at the the process involved: a) participation by presb¡ery/commissioners (voting delegates)
presbyteries (which national General Assønbly, chosen to attend the G.A. by the district presbyteries

in

practice are the bencficiaries

of the trust

clauses that were added), and; b)

participation by presbyters (voting delegates) at meetings of the district presb¡eries, chosen to
and F' attend by local congregations. The PCUSA Book of Order expressly states at F'3.0204

3.0101 (formerly G-4.0301d and G-1.0301) that presbyten¡ are not required
representative capacity on behalf of local congregations'

to act in

a

38.

Following initial approval by the commissioners to General Assønbly, the new

trust clauses wete added to the denominational constitutions upon ratification by a requisite
number of presbyteries
then-presbyters, voted

-

irespective of whether or not Grace Presbytery, acting through its
property

in favor of ratification, and inespective of whether the local

owneß

of

record, such as HPPC, Inc., participated

in the ratification

process and gave

authorized, local conscnt.

39.

The PCUS Book of Church Order did not require, nor does the PCUSA Book of

Order require, that any property deeds include trust clauses in favor of a national denomination.

Nor do these deriominational charters otherwise requirc mention or inclusion of the national
denomination (such as the PCUS or PCUSA) in the narne or identity of the listed, local title
holder to property.

40. At no time have the members of Highland Park Presbyterian Church or its
corporation, or their goveming bodies (the session and the board of hustees, respectively), ever concuned in, accepted or otherwise indicated acquiescence to the denomination's assertion of a

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tnist over local church property nor any de¡rominational claim to detennine ownership' use' or
control of property titlod in the name of the local church corporation or of any improvements

thereon. At all times the ecclesiastical congregation, the civil corporation, and their respective
governing boards have affirmed and reaffirmed their understanding and intent that all property

held by the local church, whethø incorporated or as an unincorporated religious æsociation,
whether corporeal or incorporeal, movable or immovable, (real or personal), is held by or for it

in full

and completc owncrship in accordance with the deeds, articles of incorporation and other

documents indicative of intent, and that none of said property is held in trust for the use and

benefit

of a national

denomination or any

if

its district administrative units such as Grace

Presbytery.

D.

TTIE PCUSA/PCUS ACKNO}VLEDGE TIIAT LOCAL CHURCH PROPERTY MATTERS ARE DETERMINED BY STATE LAlry AND ARE NOT CONTROLLED BY ASPIRATIONAL ASSERTIONS IN DENOMINATIONAL CONSTITUTIONS

41.

Section

G4.0l0l

(formerly G-7.0401) of the PCUSA Book of Order states that,

"Whenever pernritted by civil law, each particular church shall cause a corporation to be formed

and maintained." The PCUS Book of Church Order also contains clauses authorizing'and
encouraging incorporation under state law (6-1,6-2 of the 1982/1983 edition). The PCUSA Book of Order not only mandates incorporation where permitted by civil law, but also provides,
at G-4.0101, that the corporation so formed shall be the title holder of record of the local church

property, In mandating local church incorporation when permitted by civil law, the PCUSA and

its district administrative unit, Grace Presbytery, have acknowledged that property matters are

not governed or controlled by the fust or ownership provisions asserted in the PCUSA
constitution, or by the constitution

of its predecessor denomination.

Such provisions are

aspirational only. Property matters are instead subject to and determined by the civil laws of the

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has incorporated: state in which thé property is loÖated and in which the local chwch

42.

of Church The pCUSA Book of Order does not, and the former PCUS Book

Order did not, require that:

a) a local church corp<iration include the name of the denomination
PCUSA) in the local corPorate name;

(PCUS or

b)

grantee's local deeds contain the name of the denomination as part of the idørtification;

c) inclusion of tn¡st language in the deeds; d) local articles of subject to the
pt*irionr in the

affain of the corporation are inespectiv-e of any contrary
or state or federal law.
-

-

43.

(USA) Middle The pCUSA,s "Leeall Resourse Manual for Presbvterian Çhurch

of the PCUSA Governins Bodies and Churches" expressly acknowledges that the provisions
property matters are constitution characteristically do not control property matters ("Almost all governed by state law ...").

44.

G-g.0102 of the

pcusA Book of order

distinguished the spiritual, ecclesiastical

distinct realm from tønporal, civil authority, by providing, "Governing bodies of the church are

from the govemm€nt of the state and have no civil jurisdiction or pow€r to impose civil
penalties. They have only ecclesiastical jurisdiction." According to this provision, a presbytery or other ecclesiastical governing body of the PCUSA cannot exercise civil power to enforce
a

Nor claim over local church property based oz provisions in the denominational constitution.
can they obtain

civil court enforcefüent of denominational property provisions if those provisions

property are in derogation of or are contrary to the civil laws of the state. The denomination's

provisions, in particular its rust clause, are aspirational

only. [on information

and

beliet G-

in July 9.0102 was replaced by G-3.0102 in the new Form of Government that became effective

2011.

G-3.0102 provides

in similar fashion that, "Councils of, this church have only

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ecclesiastical jurisdiction for the purpose of servirrg Jesus Christ and declaring and obelng his

will in relation to truth and service,

order and discipline. They may frame statements of faith,

bear testimony against en in doctrine and immorality in life, resolve questions of doctrine and discipline, give counsel in matters of conscience, and decide issues properly brought before ths¡n
under the provisions of this Book of Order
.

'."]

45.
only

As a corollary to former G-9.0102 and presant G-3,0102 of PCUSA Book of

Order, which states that the PCUSA and its adminishative units such as Grace Presb¡ery have
ecclesiastical jurisdiction and do

not have tønporal authority over civil matters (in

recognition that property matters are to be govemed by state law), former G-1.0301(b) (and present F-3.0101b)

of the PCUSA

Book

of

Order also states that the provisions

of

the

denominational constitution are not, æ a matter of the free exercise of religion, to be enforced by

the civit power of the state through its courts. Therefore, while this court has subject matter

jurisdiction to resolve the property dispute before it,

it

cannot do so by giving controlling
an

authority to the PCUSA Book of Order property provisions, as such would constitute

unlawfr¡l church establishmeirt that is not only prohibited by the First Amer¡dment to the United
States Conétitution and the Constitution of the State of Texas, but also by the PCUSA'y own

constitution Rather, any valid trust or othø property interest in favor of Grace Presbytery or the
PCUSA,

if such exists at all, must be founded only upon mutual

intent evidenced by the use

of

ordinary civil means pursuant to state law.

E.

TEXAS

DOES NOT PERMIT THE ESTABLISIIMENT OF A VALID AI\D ENFORCEABLE TRUST IN THE MANNER ASSERTED BY GRACE PRESBYTERY. TEXAS LAW HAS BEEN IGNORED BY GRACE PR"ESBYTERY.

tAW

46.
govemed

As HPPC was incorporated in Texas, issues concerning its govemance

are

by the Texas Non-Profit Corporation Act. TEX. REV. CIV. STAT. art.

139ó-

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At{D APPLICATION FOR INJUNCTM

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1.02(AXl), et seq. and $ 304; TEX. BUS. ORGS. CODE $ 1.101 þroviding that Texas law
governs internal affairs of entities formed by certificate of formation from Texas).

47.

Alleged trusts purporting to hold Texæ land are govemed by Texas law' Tolcdo

Soc. for Criopled Childfen

v. Hickok, 261 S.W,2d 692, 697 (Tex. 1953); Interfirst Bank-

Houpton. N.A. v. Ouintana Petroleum Corp.,699 S.W.2d864,877 (Tex. App.-Houston

[l't

Dist.l 19g5, writ refd n.r.e.) ("[A]s a goreral rule it is held that the administration of a trust
imposed on land is governed by the law of the state where the land is located and must be
supe,rvised

by the courts of that state."); RESTATEMENT (SECOND) CONFLICT OF LAWS

(1971) $ 278. Trusts administered by Texas trustees are governed by Texas law. Warner v. Florida Bank 4, Trust co., ló0 F.2d 766,771(56 Cir. 1947) ("Matters of administration are
determined by the law

of the situs or the seat of the hrst, and the domicile of the trustee of

intangible personal property including sharæ

of

stock

is usually the

seat

of the trust.");

RESTATEMENT (SECOND) CONFLICT OF LAWS 2d(1971) $ 270(b), comment a.

48.

Texas law requires that any tust conceming realty must be written and signed by

the settlor. Texas law also makes all tust revocable unless they expressly state otherwise. So
everi assuming a trust on behalf of the PCUSA enforceable by Grace Presbytery ever existed, it
was revoked in

April

1984 by expfess act of the owner/settlor HPPC,

49.

Property can be placed

in a trust only by its owner. TEX. PROP. CODE $
a trust."); see also

ll2.W2 ("A trust is created only if the settlor manifests an intention to creatç
id. $ I I1.00a(a); State v. Rubion. 308 OF TRUSTS g 351
S.rW.2d

4, l0 (Tex. 1957); RESTATEMENT (SECOND)

("4

charitable trust is created only

if

the settlor properly manifests

an

inteirtion to create a charitable trust."). Since at least 1943, Texas statutes have required either a declaration, a deed, or a

will from an owner to place property in tn¡st, TEX.

PROP. CODE

$

PLAINTIFF'S ORIGIN AL PETITION AI\D

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I 12.001 ('rA tru5t may be created by:

(l) I property

owner's declaration that ths olvncr holds the

property as trustee for another person; (2) a property owner's inter vivos transfer of the property

to

another pen¡on as trustee

for the transferor or a third person; (3) a property

owner's

testamørtary transfer

to another pøson as trustee for a third person,..");

accord, TEXAS
48th

TRUST ACT $ 7 (formerly TEX. REV. CfV, STAT

. art.7425b-7),

Act of April 19, 1943,

Leg., R.S., ch. 148, $ 7, 1943 TEX. GEN. LAWS 232,234.

50.

"Decla¡ations

of the purported

beneficiary

of the trust a¡e not

competent to

establish the trust." Best tnv. C9. v. Hernandez, 479 S.W.2d 759,763 (Tex. Civ. App.-Dallæ

lg71,writ refd n.r.e.);

r,)Vise

v. Hav.nes, 103 S.\ry.zd 477,483 (Tex. Civ. App.-Texa¡kana 1937,

no writ) ("[T]he declarations ofthe cestui que trust are not competørt to establish the trust.").

51.

The statute of frauds requires that a trust involving realty must be in writing and

signed by the settlor. See TEX. PROP. CODE $ 112.004

("4 trust in either

real or personal

property is enforceable only if there is written evidence of the trust's terms bearing the signature

of the settlor or the settlo/s authorized agent

...

"). This

has been Texas law since I 943.

TÐ(AS

TRUST ACT $ 7 (formerly TEX. REV. Cry. STAT. art.7425b-7), Act of April 19, 1943, 48'h Leg., R.S., ch. 148, $ 7, 1943 Tex. Gsri. Laws 232,234 ("Provided, however, that a trust in
relation to or consisting of real property shall be invalid, unless created, established, or decla¡ed

... tbly a writteri instrument subscribed by the trustor or by his agørt
by writing;

thereunto duly authorized

...").

As the PCUSA trust clause was not signed by the Presbytery or by HPPC, Inc.,

it is invalid in Texas.

52.

Even

if

a trust in favor of the PCUSA once existed,

it

has long since been

revoked. Unlike most states, Texæ law declares all tn¡sts revocable unless the trust itself
expressly says otherwise: "A settlor may revoke the tn¡st unles¡ it is ¡rrevocable by the exPrest

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term¡ of the ins¡r¡nerit creating it or of an instn¡ment modi$ing it." TEX. PROP, CODE

$

ll2.05l(a). The rule is different in most other states,

as

it

was in Texas before 1943. See

TEXAS TRUST ACT $ 7 (formerly Tex. Rev. Civ. Stat. ar¡.7425b-41), Act of April 19, 1943,
4grh Leg., R.S., ch. 148, g

7, lg43 Tex. Gen. Laws 232,234 ("Every trust shall be revocable by

the trustor dt¡ing his lifetirne, unless expressly made inevocable by thc terms of the instrument creating thc same or by a supplønent or amendment thereto.");

Mq¡d3y-@,

49 S.lV. 516'

518 (Tex. 1899); Citizsr.rs Nqt. Barù of Breckenridse v. Allen, 575 S.W.2d654,657 (Tex.

App.-

Eastland

lglï,writ refd n.r.e.) In Texas, "[t]rusts

created under Texas law are revocable, unless 167 S.W.3d924,930 (Tex. App.-Texarkana

made specifically inevocable." 2005, no pet.).

AyggJÆhg!!,

53.
its

Nothing in the PCUSA trust clause or anywhere in the PCUSA Book of Order or

predecessoñ¡ expressly created an inevocable Er¡st, so

any alleged trust in favor of the

pCUSA was revocable. That is what HPPC did in April, 1984 by claiming the exemption provision. The only provision in the Book of Order said to be irrevocabl*not subject to any
amendment, is this exønption clause.

'vI.
CAUSES OF ACTION

A.

DECLARATORY RELIEF

54. 55.
We

Paragraphs

I through

53 above are re-alleged as if

fully stated herein. s.w.3d

In Masterson. et al. v. The Diocese of Northwest Te4ap. et.4l.,

(Tex. 201 3), Cause No. I l -0332 (issued Aug 30, 2013), the Texæ Suprøne Court held that:

-

join the majority of states that have considsred the matter. We hold that Texas courts should use the neuhal principles methodology to determine property
intsrests when religious organizations are involved. Further, to reduce conft¡sion and increase prediclability in this area of the law where the issues are difficult to begin with, Texas courts must use only the neutral principles construct.

PLAINTIFF'S ORIGINAL

A¡fD APPLICATION FOR INJUNCTIVE

RELIEF

Page22

Case 3:13-cv-03813-B Document 1-9 Filed 09/19/13

o

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Page 25 of 36 PageID 84

Applying nzutial principles of law to resolve church property disputeg "[O]n the basis of the
deeds, the terms of the local church charters, the state statutes governing the holding

of church

property, and the provisions in the constitution of the genøal church concerning the ownership
and conFol of church property.", Jones v.

Wolf,,l43 U.S. 595 at 603 (1979), all property held by

or titled in the name of the plaintiff, and any improvements thereon, whether corporeal or
incorporeal, movable or immovable, or real or personal, is held without trust for the use and benefit of the PCUSA or other national denomination, or any of its regional adminishative units
such as Grace

Presb¡ery. Highland Park Presb¡erian Church Inc. holds all property titled in its

na¡nc, and all improvanørts thereon, in full, complete, and unfettered ownership pursuant to the

laws of the Stato of Texas and as set forth in plaintiffs deeds and articles of incorporation;
Neither the PCUSA nor any of its regional administrative units such as Grace Presbytery has any right, title or interest, in tn¡st or otherwise, in said property, nor right to determine the ownership,
use or control thereof.

B.

INJUNCTTVE RELIEF

5ó.

Thc PCUSA Book of Order ambiguously states that when there is a "report" that a

particular church is "affected with disorder" a presbytery can, without prior notice or hearing,

appoint an "administrative commission" to indefinitely assume "original jurisdiction

of

the

existing session" (i.e. Rernove and rçlace the governing body of the particular church) and act

to "coneçt the difficulties," which can include the power to "dissolve a pastoral relationship"
(i.e. Rønove and replace the local pastor). The use of an adminisFative commission is intended

to address spiritual matters and operate ecclesiastícally to assure sound doctrine and to correct
any internal divisions within a particular congregation that might otherwise th¡eaten the peace, pr¡rity, and unity within a local congregation.

PLAINTIFF'S ORIGINAL PETITION AIÌD APPLICATION FOR INJUNCTM

RELIEF

pase2!

Case 3:13-cv-03813-B Document 1-9 Filed 09/19/13

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57.
a device to

PCUSA presbyt€ries have begun departing from the customary and expected use
and have started misusing them for temporal,

of administrative commissions,

civil purposes-as

ry

and impernrissibly expropriate local church property under the purported guise

of

ecclesiastical cover.

58.

PCUSA presbyteries, in response to dissent, whether perceived or actual, by local

congregations, ministers, church officers, and trustees to certain extemal denominational actions,

have variously: a) taken acts intended to assert ownership or place clouds on othei'wise
merchantable local property titles

by recording, without prior notice, affidavits or

other

documents in local mortgage and conveyance records which improperly assert üusts on local church property in favor of the de¡romination, regardless of the facts of a local church's property

history or the laws of the state in which local church property is situated, b) without notice
sought to change locks on local church property and otherwise seize local church assets, and c)

appointed "administrative commissions" to assert "original jurisdiction" to supplant existing
congregational governance by rernoving, without notice and opporîrnity for hearing, dissenting

ministers and sessions, thereby permitting the PCUSA presbytery to effectively confiscate local
church property and deal with it as if its own.

59.

Heightening the threat to local congregational propøty, the PCUSA, through its

Ofñce of General Assenrbly (Deparünent of Constitutional Services), issued "Advisory Opinion

Note 19", which states in part III thereof that if a presbytery, such as Grace Presbytery, fails to
appoint an adminishative commission to take over control of a local church voicing dissent over

denominational policies then the next higher ecclesiætical authority, the synod, Dôy appoint an administrative commission to talce over control of the presb¡ery, so as to thereby gain control local chursh property.

of

PLAINTIFF'S ORIGINAL PETITION

AIrùD

APPLICATION FOR INJUNCTM

RELTEF

Page24

Case 3:13-cv-03813-B Document 1-9 Filed 09/19/13

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60.

Illushating the aggressive tactics inøeasingly being used by PCUSA presb¡eries

to utilize "administrative

commissions" as the mechanism

or

device

to try and effect

denominational ownership and control over local church property, the PCUSA headquarters prepared legal sFategy mønorandq waived any privilege

of

confidentiality, disclosed the

memoranda to the press and public, and made them available on the internet. The PCUSA legal strategy mernoranda:

prooertv di¡oute¡. ¡nd in confunctlon therewlth advl¡es how to remove the local partor ¡nd/or governing board of the local church;

a) ¡dvoc¡tc use of ¡dpinlstr¡tive

comnissionr-lptgi@

b)

odvise how to freeze loc¡l church ¡ssetc and physlcally seize property;

¡ cloud on loc¡l church property titles by flling property ¡ffldavlh ln recordl, lrrespectlve of st¡te l¡w or the f¡cts of any property in dlspute;
c)
rocomrnend placing

d)

recommend malling letter¡ concernlng contected property to any b¡nks or othcr flnrncl¡l lnsdtutionc th¡t bold accounts for the loc¡l church, which letter¡ rordert th¡t no ¡ssetc be relc¡sed to the local church;
e) ,

recommend th¡t prerbyterie¡ in thelr pleadingr 'úuse spiriturl longuage in order to posture themselvæ ln a positlve light, and to negrtlvely'refer to thc local church in the caption ¡nd in pleadlngs ¡r "gchlsmatlc"; and

0

presbyterler, througD the . use of ¡dministr¡tive commls¡ions, to try rnd keep the loc¡l church i¡ ¡ defensive secular legal pocture, counsellng 6l,et the ¡chismstlcs ¡eek C¡ec¡r's help.'

g) recommend

to

61.

Grace Presbytery, following direction from denominational headquarters, has

acted aggressively to squelch dissent and the exercise of constitutionally protected freedoms,

through the misuse

of

"adminisrative commissions" as devices for expropriating property

bought and paid for and owned by dissenting congr€gations. On May 21,2012, one day after the congregation of First Presb¡erian Chr¡rch of Lonryiew, Texas voted by over a 75%o margin to

PLAINTIFF'S ORIGINAL PETITION A¡lD APPLICATION FOR INJUNCT|VE

RELIEI'

Pase2l

Case 3:13-cv-03813-B Document 1-9 Filed 09/19/13

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Page 28 of 36 PageID 87

seèk dismicsal from thc

pcusA,

an adminisEative commission appointed by Grace Presbytery

the week before ,'assumed original juisdiction" ovsr FPC Longview. The administrative
been duly elected commission substituted itself in place of the session þoard of elders) that had

local church by the congregation, and asserted ersatz authority as the new governing body of the in order to seize use and confol of all property held by or for FPC Longryiew'

62.

A temporary restraining order and ternporary injunction while this suit is pending

is necessary to stay the hand of Grace Presb¡ery from appointing an adminisFative commission

or the that would, without just cause, usurp and replace the authority of the pastor, the session,
tønporary board of trustees in order to effect conüol of the property. Said restraining order and injunction would protect the merib€rs of Highland Park Presb¡erian Church who, undsr Texas in nonprofit corporation law and HPPC's Articles of lncorporation, a¡e also the members and

effect the shareholden of the local church corporation. Said restraining order and ternporary
injunction would presqve the status quo until such time as the question of ownership and use

of

a the property of Highland Park Presbyterian Church can be determined by this Court. Absent

tønporary reshaining order and tønporary injunction the rights of plaintiff, the governing body

of Highland Park Presb¡erian Church (the session), and the members of the congregation of
Highland park presbyterian Church, and the property rights
Church will be ineparably injured.

of Highland Pa¡k Presb¡erian

63,

plaintiffseeks a permanent injunction in the form of the tønporary injunction and

and a declaratory judgment that all property held by or for Highland Park Presbyterian Church,

any improvements thereon, whether real or personal, corporeal or incorporeal, movable or
district immovable, is held without any trust in favor of a national denomination or any of its
the name administrative units, sr¡ch as Grace Presb¡ery, and that all property held by or titled in

PLAINTIFF'S

PETITION AI\D APPLTCATION FOR

INJUNCTIVERELIEF

Pagc2ó

Case 3:13-cv-03813-B Document 1-9 Filed 09/19/13

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Page 29 of 36 PageID 88

of the local chr¡rcli.corporation is held by it in fr¡lt and exclusive ownership and that neither the
PCUSA nor Grace Presb¡ery has any right, title or interest, in trust or otherwise,
property, nor right to determine the ownership thereof.

in

said

64.

The actions by PCUSA presbyteries described above violate state property law

and trust law, free speech rights guaranteed by the First and Fourteenth Amendments to the

United States Constitution, the religion clauses of the First Amendmerrt to thc United States Constitution, the due process guarantees of the Fourteenth Amendment to the United States
Constitution, the counterparts set forth in the Texas Constitution, and substantive prop€rty rights
guaranteed under the Texas Constitution, The effect of such actions,

if taken in whole or in part

or threatened by Grace Presbytery, would chill if not violate the foregoing, protected rights,
interfere with appropriate corporate church governance, impede the ability of Highland Park
Presbyterian Church to hold a congregational or corporate meeting free of improper interference,
and cloud the title of property held by Highland Park Presb¡srian Church.

65.
e'njoymørt

Under Texas law a showing of ineparable harm is presumed when the deprivation

of a constitutional right is
of immoveable

involved, or the protection

of the ownership, possession,

and

property, or when the moving party danonstrates that the action

sought to be enjoined is in violation of prohibitory law.

66.
remedy at

Highland Park Presbyterian Chuch is a noþfor-profit corporation. Its primary

purpose is not monetary but spiritual and philanthropic. A monetary award is thus an insufficient

law.

Absent a ternporary restraining order and ternporary injunction, the rights

of

plaintiffs and the ministry of Highland Park Presbyterian ônucn will be ineparably injured. It
supports numerous minishies, missionaries, and charitable endeavors of wide-ranging civic and

community impact, including but not limited to: Habitat for Humanity, Interfaith Housing

PLAINTIFF"S ORIGINAL PETITION Al{D APPLICATION FOR TNJUNCTM

RELIEF'

page2l

Case 3:13-cv-03813-B Document 1-9 Filed 09/19/13

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Page 30 of 36 PageID 89

Côalition, Dallas Pregnancy Resourcc Ceirter, Presbyterian Children's Homes

& Service;

Salvation Army Partrers, food banks, soup kitcheff, childhood literacy education programs,
prison ministries, adult job training services, and assisted living for the elderly. No amount of a
subsequent monetary award would be an adequate rønedy to the ineparable damage that would

be done to the mission and ministries of Highland Park Presb¡crian Chr¡rch that would occur as

a result of confiscatory action initiated by Grace Presb¡ery in retaliation for the exercise of plaintiffs riehts.

67.

A temporary restraining order and tønporary injunction during the pendency of

this suit is necessary to stay the hand of Grace Presbytery from appointing an administrative
commission that would, without just cause, usurp and replace the authority of the pastor, the
session, or the boa¡d

of ür¡stees to thereby effcct conhol over HPPC property. Said tønporary

restraining order and tenrporary injunction would protect the menrbers

of

Highland Park

Presbyterian Chr¡rch who, under Texas nonprofit corporation law and HPPC's Articles

of

Incorporation, are also the membۧ and,

in effect, the shareholders of the local church

corporation. Said reshaining order and ternporary injunction would preserue the status quo until
such time as the question of ownership and use of the property of Highland Park Presb¡erian Church can be determined by this Court. Absent said tønporary restraining order and ternporary

injunction the rights of plaintiff, the governing body of Highland Park Presbyterian Church (the
session), and the members

of the congregation of Highland Park Presb¡erian Church, and

Highland Park Presb¡erian Church property rights will be ineparably injured.

68.

Inasmuch as plaintiff seeks only a tønporary restaining order and temporary

injunction during the pcndørcy of this suit, the interests of the plaintiff and the members of Highland Park Presbyterian Church and its local church corporation outweigh any possible

PLATNTIFF'S ORIGINAL PETITION Af¡D APPLICATION FOR INJUNCTM

RELIEF

Pase2E

Case 3:13-cv-03813-B Document 1-9 Filed 09/19/13

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injr¡ry to Grace Presbytery, thc äon-owner, which might result from the granting of a tønporary reshaining order and a tønporary injunction, said relief and injunction being in the public
interest.

69.

There

is a substantial likelihood that Highland Pæk Presbyterian Church will

prevail on the merits of its suit for permanørt injunction and declaratory judgment.

IryHEREFORE, Plaintitr, Hiehland Park Presb¡erian Church, Prays that a temporary
restraining order and ternporary injunction be issued herein and that a pennane¡rt injunction and a declaratory judgment be issued herein after trial on the merits as follows:

l)

Temporarv Restraining Orde{ - resEaining and enjoining defendant Grace Presb¡ery of tñe Presb¡erian Church (USA) and any of its agents, ønployees or other pen¡ons or entities acting on its behalf or in its stead, from: (a) filing any documents in the mortgage and conveyance records in the County where the subject property is located, the effect of which would be to place a cloud on the title of any prop€rty titled in the name of plaintiff;

(b) othenvise taking any actiori to claim or assert ownetship, use, or control of local church property, whether corporeal or incorporeal, movable or irnmovable, or real or personal, or a right to determine ownership, use or conhol of local church property, in the possession of, control ofl owned by or titled in the name of Highland Park Presb¡erian
Church; and

(c) asserting any rights to the property of Highland Park Presb¡erian Church, including but not limited to seeking to change the locks of HPPC, initiating any disciplinary action against the ministers or mernbers of
HPPC, appointing an administrative commission with authority to assume "original jurisdiction" ov€r HPPC's local governance and control of local property possessed by or titled in HPPC's na¡ne, or otherwise interfering, by dissolution or othelrvise, in any way with the property-related rights and responsibilities of the ønployees of HPPC, the governing body of HPPC (the session), its congregation, or the governing body of its local church corporation Highland Park Presbyterian Church (the board of trustees);

2) Temoofary Iniunction 3)

- enjoining defendant during the pendency of this suit, from any the acts described in paragraph l) ofthis prayer;

of

Permanent Iniunctiorl - permanently enjoining deførdant from any of the acts described

PLAINTTFF'S ORIGINAL PETTTION A.ND APPLICATION

FORINJUNCTMRELIEÍ'

Prye2e

Case 3:13-cv-03813-B Document 1-9 Filed 09/19/13

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Page 32 of 36 PageID 91

in puagaph

l) ofthilPraYer;

and

4) Declaratorv Judûrent - declaring that all prop€rty held by or titled in the name of the ,@¡ove¡ne¡rtsthereon'n,hethercorporealorincorporeal,movableor
immovable, or réal oipersonal, is held without bust for the use and beriefit of the PCUSA or other national de'nomination, of any of its regional administrative units such as Grace presb¡ery, and that the plaintiff holds all property titled in its narne, and all imprÑøments thereon, in ñ¡ll and complete ownership pursuant to the laws of the State of Texas and as set forth in plaintiffs articles of incorporation, and that neither the pCUSA nor any of its regional adminishative units such as Grace Presbytery has any right, title or interest in saiã property nor right to determine the ownership, use or control
thereof.

5)

that defendant be served with a copy of the above and foregoing petition and order;

6) that defendant
plaintiff;

be cited to answer said petition and to appear before this Honorable Court at a date and time fixed by this Court to show cause why a ternporary injunction, pernranørt injunction, and declaratory judgmcnt should not issue as prayed for in favor of

7)

for all gencral and equitable relief, and;

8) for all costs of these proceedings.

Respectfrrlly submitted,

c
State Ba¡ No, I1714600 kkrause@cdklawfi rm. com CRADDOCK DAVIS & KRAUSE LLP 3100 Monticello Avenue, Suite 550 Dallas, Texas 75205 2t4-750-3550 214-750-3551 (fax)

turd

Lloyd J. Lunceford lloyd. lunceford@taylorporter, com

PLAINTIFF'S ORIGINAL

AI\D APPLICATION FOR INJUNCTIVE

RELIEF

Page3o

Case 3:13-cv-03813-B Document 1-9 Filed 09/19/13

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Page 33 of 36 PageID 92

TAYLOR; PORTER, BROOKS & PHILLIPS, L.L.P, 451 Florida St.,8th Floor
Baton Rouge, Louisiana 70801 225-381-0273 22s-346-8049 (fÐ()

ATTORNEYS FOR PLAINTIFF

PLAINTIÍ'I"S OR¡GINAL PETITION AI\D APPLICATION FOR INJUNCTIVE

RELIEF

Pasc 3r

Case 3:13-cv-03813-B Document 1-9 Filed 09/19/13

o
) ) )

o

Page 34 of 36 PageID 93

VERIFICATION
STATE OF TE)ßS

COUNTY OF DALLAS

BEFORE ME, the undersigned Notary Public, duly commissioned and qualified in and

for the County aforesaid, personally appeared Michaol W. Crain, who being first duly swom,
did depose and say that he is Chairman of the Boa¡d of Trustees for Highland Park Presb¡erian
Church, a Texas corporation and the plaintiff herein, that he has read the above and foregoing Petition for Tønporary ResEaining Ordo, Tønporary Injunction, Permanent Injunction, and for Declaratory Judgmørt, and is familiæ with the facts alleged therein, and that all information
contained in the aforesaid petition is true and correct to the best of his knowledge, information
and belief.

IJ
Michael W. Crain

swORN TO AND SUBSCRIBED, before me,
Dallas County, Texas.

on this ú^yof

September, 2013, in

%
NOTARY PUBLIC
zÛ14

rofiENM.t00ul8
MY COITMISSION EXPIRES

9¡p¡¡rÛs0

PLAINTIFF'S OR¡GINAL PETITION AIì{D APPLICATION FOR INJUNCTM

RELIEF

Page 32

Case 3:13-cv-03813-B Document 1-9 Filed 09/19/13

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Page 35 of 36 PageID 94

LOdAL RUtE
Under Local Rule 2.02,

2.02

CERTIFIgATE
that Defendant is represented by

I certiff that I am unaware

counsel. prior notice is not appropriate because ineparable harm is imminent and there is
insuffEcie¡rt time to

noti$ the opposing party. Further, any

greater time

of notice would impair

the Court's pow€,r to grant relief because the subject matt€r
accomplished

of the application could be

if fi¡rther notice were required. The undersigned further represmts that, to the best
case

of his knowledge, the
Local Rule 1.06.

in which this application is presørted is not subject to transfer undcr

Kent C.

PLAINTIFF'S ORIGINAL PETITION AII{D APPLICA TION FOR INJUNCTM

RELIEF'

Pasc33

Case 3:13-cv-03813-B Document 1-9 Filed 09/19/13

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Page 36 of 36 PageID 95

APPENDIX A

Municipal Addresses of HppC "lVest Block" properties
3908 McFarlin
3912 McFarlin

3916 McFarlin
3920 McFarlin

3926 McFarlin 3928 McFarlin 3543 University 3917 University 3921 University 3929 University

39(Þ University

Municlpal Addrcsses of HppC Jenkins Subdlvision properties
3829 McFarlin 3833 McFarliñ 3837 McFarlin

608743.t

Case 3:13-cv-03813-B Document 1-10 Filed 09/19/13

Page 1 of 9 PageID 96

EXHIBIT J

Case 3:13-cv-03813-B Document 1-10 Filed 09/19/13

Page 2 of 9 PageID 97

CAUSE N0. DC-t3-10605

HIGHLAND P"ô.RK PRESBYTER.IAN CHURCTX INEPlaintif{,
v,

$

TN THË

DISTRITT COURT

$

f
$

$

ÞALI,AS COIINTY, TËXAS

ü

ORACE PRESBYTERY,INC.
Defend*nt.

{

$

2981II TUDICIAL DISTRICT

PLAINTIT''F''S MOTTON T'OR ADMIS$ON OF

TO THË HONORABLE JI.ÍDËE OF SAIÐ COURT;

Flaintiff

seÊks an order from thc Court under Rule ,4.03

of the Lncal Rulcs of thø

Civil Court cf пllas County and Rule XIX of th¿ Rules Governing Admissíon to ßhç Bnr

of Texas admÍtting Llayd J. Luncçford çf Taylor, Forter, Brsoks &
located in Ëaton Rouge, l,ouisiana, to appearp rø hsc vìse in this aotion,

Phítl¡ps, L,L.P",

L
Background

1.

Plaintiff Higfrlând Park Fresb¡erian Church lnc. ("HPPC")

sù61rs

declaratory rçlief from Defendant Grace Presbylery, a district adminisfrativc unit of fhe Prestryterian Church {US.A.) (*PCUSÅ"),

to datonnino the validity of a tru$t clause

clai¡ned by FCUSA ovpr all property held by HPPC,

n.

?,
Taylo¡

htron-Resident àltörney Lloyd J. Luneeford

Ís a partner of the firm of
8'ù Floor, Baton Rouge, L,A"

Porter* Brooks

& Phillips, L.L.P.,451 Florída Street,

70821; (225') 38'î-3221; {225) 346-8049 (faxh Lloyd J. Lunceford hns bcen in practisc

for over 28 years, has been a rnember in good standing of the Louisiana St¿to Bæ

PLATNTTFF}$ MÕTION FOR ADMT$TOTÙOF NON.RDSIDËNT ATTORNÈY PRT ITAC VICD
Pogs

I of4

Case 3:13-cv-03813-B Document 1-10 Filed 09/19/13

Page 3 of 9 PageID 98

Association sincc 1984, with ån aclive law license" Mr. LunEeford's ûttorncy registration

sr ber admission nurnber in the $tats of Louisian¿ is #8439, Ivfr" Luncefnrd has nevËÌ
been ths subjcct

of any

professional dísciplinary proceedings.

.{s sot forûr in

the

Certifieate of the Clerk of the Supreme Court of the State of Louisiana, Mr. Lunceford is admilted to praetice â$ *n âttoiley and counsçlor at

l¡w in all the rourts of the State of of

Louisiana* and his nffne now åppesr$ ün the rall of rttonìêys us a ã¡erflber of the bsr

the State of Lo¡¡isiana in good stânding. Mr, Luuceford is admitted to practice in thc

Middle District Court of l"onisiana, Eastem District Cor*t of l¡uisiana" The Supreme
Court of thc Unitcd States, thq U.S. Fifth Circuit Ccu¡t of Appoals, thc Superior Court

of

Henty County ÜA lpro hac vice) in 2009, the Supreme Court of South Carolina (pro hac
vtceJ

in 2009 and the FourteEnth }udicial District tourt of Beaufort, S.C. þro hoc víeg

in 2008.

3.

Mr. Luncefard is a well

respected

trial attomey with over 28 years

litigalion experience, and rneets the requiremÊntõ for sdmission under Rute 4,03 of the
Lopal Rules of tho Civil

tourt of Dallas County

and Rulc

XIX of fte Rules Governing

Admission lp the Bar of Texas, Mr. Lunceford is familiar with the nrles of the State Bar of Texas governing conducl of rnemberu of the St¿te Bsr of Texas, snd he will abide at atl tímes by and eomply with the Stato Court Rules as long as tho matter is pending in this

Cor¡rt. The Dpclaration of Lloyd J. Lunceford is att¿ched hereto end incorporåt€d herein
for all intent and purposes as Exhibitn"A".

4"

Ivlr. Lunceford has only sought admission

pro

hac vÍce inTexas one other

time and thaf was to provide an A¡ni¿us Curiae Brief ùo the Texa¡ Supro¡ne Court in

2812, Th* Texas Suprenrc Court adrnittçd Mr. Luncsford pro hpc vlce in Masterson, €t

PLAINTIF'FIS MOTION

F1OR

AT}MISSION OF NON.RE,SIDSNT ATTORNSV PRO HAC VICE
Pagc 2

of4

Case 3:13-cv-03813-B Document 1-10 Filed 09/19/13

Page 4 of 9 PageID 99

al" v. The Ðiacese of Northwest lercs, familiu with thc relevant

.*
uL

S.W.3{-*(Tex 2013). Mr" Lunsehrd is

issues and facts of this ca$e.

5.

HPPC further sl¡ows that Kcnt C, Krauso of Craddock Ðavis
State

&

Krsusc

LLP is a duty lÍcensed åltomey of the

of Texås in good ntanding and is and will

remaÍn lead counsel for Plaintiff, Mr. Krsuse finds Mr. Lunccford ts be

r rqputable

attomey and recommends that Mr" Lunceford be sdßnittd to practice before this
Honorable Cour'|, pro hac vÌae

6"

An ûrder granting relirf rought hcrcin is submitted hcrcrvith,
TV,

Pr¡ve{
WHERËFORË, Plaintiff Highlrnd Park Prosbyteriân Church Ine. respecttully reque*k that the Court grant this Motion and pemit Lloyd J. t¡ncEford to practics hsroin

pro hacvice,

Respectfully submitted,

Kent C" SrareBarNo. 11714600
kkrause(¡Ìcdk lawfi rm.com

CAÆ)DOCK DAVTS & KR.AUSE tLP 3lût Montìccllo Avenue, Suite 550
Dallas, Texas 1 52A5-3442 Tçl: 214-750-3555 Fsx; 214-750-3551

Attorneys for Plaintiff

PLAINTTF'tr''S MÔTTON FÕR ÁDMISSTON OT NON.N.&STDËilT ATTORI¡EY PRO IIAC VICE
Prge 3

of4

Case 3:13-cv-03813-B Document 1-10 Filed 09/19/13

Page 5 of 9 PageID 100

cE RTr FTCATE

()r

"C,,pr!

F,EßE,.Í

CE

certify th*t Þefendnnt has not mads ån appearance in this Cat¡se to date, therefore I arn unable to confer with counsel for Defcndant regrrding thc rolief roqucstcd 20r3. in the motion hereìn, signed this l6th day of
hen'eby

I

C.

I hereby oertify that a true a¡rd cøff€ct copy of the foregoing Motion has becr¡ served on sll parties under the Texas ft"ules oi-Civil procedure this [6th day of
BepternbeE 2013.

c.

PLÄINTIFF"S MOTION 8OR

ADTT.IISSTON

ÛF.NON.RßSIDBNîATTORNEY TR,O HAC VTCE
Pagu 4

of4

Case 3:13-cv-03813-B Document 1-10 Filed 09/19/13

Page 6 of 9 PageID 101

cAusBNo. DC-13-10é05

HTGH

LAND PARK CHURCH INç. Flnintitr,
v,

PRES BYTSR,Nå,N

$

IN THË DISTRICT COURT

$
$

$ $ $ $ $

DATLAS COUNTY,TBXAS

0R.¡ICE PRESBYTË,RY, lNC.
Þofendant.

2981H JUDICTAL

DISTRICT

DECLARå,TION OF LN"OYD J" LIJNCEFORD

t, 2,
{f&(},

I am r

mernber Ín good standing of the Louisiana StcûÞ Bâr Assocíatiür

and I havsbsm licaüsod io practicc law in Loui¡iana since 1984"

I am a parher in Trylor, Fortcr,

Brooks

&

Phíllips, L,L.P., 451 Florida

Streetn 8ù Floor, Batcn Rnuge, L,4, ?0821

; {225't 387-3? l þhone); (225} 34&8049

3. 4.
protdings

I have been engaged in tht private praetice of law síncc 1984 qpecializing

in conrplex lítigntion, conslituiíonal larv *nd chnch pmpcrty law,

I

am nol nö\ry, nsr have I ever bcen ihe sr¡bjëct of any liccnsing

or diseiplinod by any disciplinrry grievancc procccdingn,

5.
fcdcral court.

I hrvs

nÊvçr bear denriçd admission to the cowt of any State or tq

ûty

6.

I

nm working on this sosç in assooiation with Texas ccunseln Kcnt C.

l(rauge, Tex*s Etate Bnr No, I l7l4ó00, Craddock Davie Krause LL,P, 3100 Montisêllo

Avenue, Suite 550; (2141 750-3555; (214) 750-2551, rnú am rradily familiar with thc
faoæ ¿nd is$t¡c$ presontsd in this casc,

Case 3:13-cv-03813-B Document 1-10 Filed 09/19/13

Page 7 of 9 PageID 102

7.
mëmbe,rs

I am famitiar with the rulee of the Stnte Bar of Tcxas govcming conduct of

of the State Bår uf Toxas, nnd will abíde st alt timqs by and comply with the

$fate Ccurt Rules as long as the matter is pending in this Court.

8,

Attached hcæto and incorporatcd hcrein by this rcforonco is an original

CertifiEate sf Gosd Standing witl¡ the Louisiana Bar,

I declars undsr penalry of perury under thc laws of the States of l¡uisiana and
T*xas the foregoing is tnre and c.orre,ct.
S,igned

Uu

#,¿ay

of Se,pturnber, 2013.

Pqr

Case 3:13-cv-03813-B Document 1-10 Filed 09/19/13

Page 8 of 9 PageID 103

flnoiriut- $w $ar

"Araridbn

Thc l.ouir]¡na St¿tr B¡r Associetion hertþ ccrttfícs
thsse To*er South

ùbå

hlr. Lloyd J Luncaford
¿t61

whoce¡ddrars
Baton

F¡nlda St Fl E

Rouç, [A ?0801-1700

i¡ r ¡ntmbcr in good ttanding of thc Loui$ana Strrc B¡r Assnci¡tion ¡¡ of th¡¡ d¡te, rod rhrt
seid

ptron

w*u duly admircd ¡o ÞräctiËc in ¡hc courti of the Stetc of

lnui¡irn¡ ön thc

13rh

of

Apt¡l

10Ê4

Giwnov'ßffnyh¡ud¡ndtht5c¡loÍthcLouisiansSt¡te[arAs¡ocietion.*,#d¡y
€eptember 2013

I¡nis¡¡*¿

Í)írætar ßar Aslø¡ciølíon

Case 3:13-cv-03813-B Document 1-10 Filed 09/19/13

Page 9 of 9 PageID 104

CAUSE NCI. ÐC-r3-10605

HIGÍIT.ANÐ PARK FRESBYTERIAN CHURCÍ{ TNC. Plaintíf{, v
TR,ACE PRESÐYTERV, iNC.
Defendant"

$
$

IN THE DISTRICT COUR?

$ $ ü $ $ $

DÂ,ILA$ COUNIY, TEXAS

298TH JUÞITTAL T}ISTRICT

0RDßR.{,DMITTINC rtOYD LLUNC$,FORp PRO HAC VICß
Came on

to be considered the Motion of Plaintiff for admissiçn of Lloyd I.

Lunceford prø hac vìc*,la this âÉtionn to appear a$ co-c$¡nscl in æsocistÍon with loaal

attomey Kcnt C. Krause. The Court, afrer considerÍng thc pleadings ard Motion, finds
that the Motion should be granted.

IT t$

THEREFORE ORDEREÞ that

tloyd J. Lunceford,

beo and hereby is,

admincd to practíre pro hac vfue in this action only.

SICNED this

_

day

of

29t3.

JT.ÍDGE PH-ESIDTNG

ORIIBR ADMIïtING LLOYtrJ.

tr

UNfßtrüRD rR0 HÀC VICP

-solo pagc-

Case 3:13-cv-03813-B Document 1-11 Filed 09/19/13

Page 1 of 4 PageID 105

EXHIBIT K

Case 3:13-cv-03813-B Document 1-11 Filed 09/19/13

Page 2 of 4 PageID 106

cAusE No. DC-]3-r060s

TIICTILA.ND PARK PRESBYTERIAN CHURCH TNC,

Plaintiff,
v
GR-ACE PRESBYTERY, INC,

$ $ $ 6 $
$ $ $

IN THE DISTRTCT COURT

DALLAS COUNTY, TËXAS

zgST

H

JUDICTAT, DISTRICT

Defendant.

KANT C. KR.AUSE'S MOTTON IN SUPPORT OF

tLOYp r. tullpH$çRq'fi lliüHpFl.lRq.Hr4ç,,vrcB
TO THE HONORABLH JUÐGE OF SAID COURT:

[, Kent C.

Kvause

filc this motion in support of Lloyd J. Lunceford's Motion Pm Hac

Vice to appear before thc Court.

1.

I am employcd

as the lead att,orney on this case for Plaintiff and

wíll personally

participafe in any hearings and hi¿|.

2. I am a practicing ôltorfiey

and mernber in good standing of the State Bar of Tcxas and

have becn since 1982, My Texas State Bar card number ie 11714600. My ofñce addrcss,
tetrephone number, fax number snd email addrcss are includcd below

my signature, know and tecommcnd

3. Lloyd J. Lunceford is a reputable atÏorney who I personally

without resewation tc the Court and, thereforo, re4uest the Court permit Mr. Lunceford to
practico in thís particular proceeding bcfore thc Court. Mr. Lunceford is a partner at the law firm

of T¿ylor, Port€r, Brooks & Phíllips, t.L,P. in Baton Rouge, huisiana; (22Ð 3e74221 (phone); (125) 346-8049 (fäx) and has been in practÍce for over 28 years and hæ beeri a member in good
standing of the Louieiana State Bar Association since 1984. Mr. Lunceford has nevËr been the

KENT C. KRÂUSE'S MOTION IN SUPFORT OF LLOYD J. LUNCETORD'S MOTION PRO IIAC

VrcA

Pagc

I

Case 3:13-cv-03813-B Document 1-11 Filed 09/19/13

Page 3 of 4 PageID 107

sr.rbjÉçt

of any professioual disciplinary proeeedings. As set forth in the attached Çertíficate of

the Clerk of the Supreme Coun of thp State of Louisiana, Mr. Lunceford is admitted to practite ås ân attorney and counselor at law in ¿ll the courts

cf the Stale of Lsuisiana, and his name

ru¡Tently appÉars on the roll of attorneys as a member of the bar of thc Stat¡ of l,ouisiana good

standing. Mr. Lunceford is familiar with the rules of thc StatE Bar of Taxas govemíng ôcñduct

çf rnembers of the State Bar of Texa¡, and

he

will

abíde at

¿11

timcs by and comply with the State
J.

Cou¡t Rulcs æ long as the matter is pending in this Court, The Declaration of Ltoyd
Lunceford is attached hereto as Ðxhibit "A".

WHEREFORË, Kent C. Krause request$ thia Court grant Lloyd J. Lunceford's Motion Pro Hac Vise a¡td allow him to rppear before this Court until the conclusion of this cause of
action.

Respectfirlly submitted,

C" St¿te Bar No. 11714600 kkrause@cdk lawfrnn. conr

CTADDOCK ÐAVIS & KRAUSE LLP 3100 Montícello Avenue, Suite 550 Ðallas, Texas 7 5205-gM2

Tel:

214-750-3555 Faxr ?14-750-3551
ATTORNDYS Fon PTATNTIFË

CERTIFIC.{,TE Or CONrßRENCE
hereby cerlify that Dçfendant has not mads ân âppÊar.mco in this Cause to date, therefore I am unable to confer with counsel for Ðcfcndant rogarding the relief requested in the Motion herein, siged this l6th day of September, 2013.

I

KËNT C. KRÀUSE'S MOTtoN IN SUFPORT OF LLOYD J. N,UNC$FDRII'S MûTION PRO HAC

VICß

Prgo 2

Case 3:13-cv-03813-B Document 1-11 Filed 09/19/13

Page 4 of 4 PageID 108

CßRTTHC4TE 0F SERvrCp
hereby certify th¿t g true and correct copy of the foregoing Motion has bsen sorvcd on all parties under thc Tcxas Rules of Civit Procedurc this l6th day of September, 2Aß.

I

Kent C.

KENT C. KRAUSE,S MOTION IN SUPPORT OF LLOYD J. LUNCDTICIBD'S MOTION

PR,O

HAC

VIGE

PTg* 9

Case 3:13-cv-03813-B Document 1-12 Filed 09/19/13

Page 1 of 2 PageID 109

EXHIBIT L

Case 3:13-cv-03813-B Document 1-12 Filed 09/19/13

Page 2 of 2 PageID 110

CAUSE Nû. DC-13-t0605

HTGHLAND PARK FRESBYTERIAN CHURCH TNC. Plaintiff,
V.

ö

IN THE DISTRICT COTJRT

0 $ $

ÞALLAS CCITJNTY, TEX.A,S

$
$
$

6RACE PRËSBYTËRY, INC.
Defendant,

$

298I}I JUDTCI,q.L ÞISTRICT

oRpER ApNIIrrtIll G LtoYD J. LUN,ÇÏqçRp,HBp.HAp..YISE
Came on

to be considered the Motion of Plaintiff for adrnission of Lloyd

J'

Lt¡nceford pro hac vice, to this aetion, to appear a$ co*counsel in association with local a{tûrney Ksnt C. Krausc. Thç Court, after considering the pleadinp ¿nd Motio¡r, fìnds
that the Motion should be grartted.

IT fS THER-EFORE

ORDERSD that l"loyd J. Lunccford, bo, tnd hercby is,

admitted to practicepro hae více in this antion only.

SIGNHD this

_

dny

of

,"

,-,

2û13,

JUDGE Ff,,ESIDINC

ORI}Dß ADMTTTING LLOYD J. LTINCÊFORI} PRO HAC V¡CE

-solo p¿Sc-

Case 3:13-cv-03813-B Document 1-13 Filed 09/19/13

Page 1 of 4 PageID 111

EXHIBIT M

Case 3:13-cv-03813-B Document 1-13 Filed 09/19/13 SHERIFF'S RETURN
Came to hand on executed on

Page 2 of 4 PageID 112

ATTY
No. : DC-13-10605

the
day

day

of

the

of

20_, and 4.D.20_, by delivering to
A.D.

the within named

in person, a tn¡e copy

of

this Notice.

NOTICE
Sheriff, Dallas Cowrty, Texas ISSUED

B
FEES:

ON THIS TIIE 1OTII DAY OF'SEPTEMBER, 2013 GARY FITZSIMMONS Clerk District Courts, Dallas County, Texas By CARMEN MOORER Deputy

ServingNotice Mileage

$ $

3TOO

KENT C KSAUSE MONTICELLO AVENT]E SUITE 550 DALLAS TX 75205
214-750-3550

t*

***AFFIDAVIT ***

SEE ATTACHEÐ '

** SËË ATTACHËD *,
***AFFIDAVIT ***

Case 3:13-cv-03813-B Document 1-13 Filed 09/19/13

Page 3 of 4 PageID 113

ORiGIFJAL
Form 37S-NOTICE TO SHOIV CAUSE No. DC-13-10605
SUIT PENDING IN THE DISTRICT COURT OF DALLAS COUNTY, TEXAS

vs.
GRACE PRESBYTERY INC

THE STATE OF TEXAS
GRACE PRESBYTERY INC YOU ARE HEREBY COMMAÀIDED TO BE AND APPEAR BEFORE THE HONORABLE ruDGE OF THE 29ETH DISTRICT COURT OF TEXAS, at the CouÍhouse in Dallas, Texas, on 23RD DAY Of' SEPTEMBER 2013 AT 9:304M THEN AIID THERE TO SHOW CAUSE, if any, WHY
TO:

Herein Fail Not, but of this writ, and how you have executed the same, make due refurn.

V/ITNESS: GARY FITZSIMMONS, Clerk of the District Court of Dallas County, Texas.
Given under my hand and seal of office, at Dallas, ON THIS

TIIE 10TH DAY OX'SEPTEMBER, Z0lg.

Attest:

GARY FITZSIMMONS Clerk, District Courts, Dallas Cowrty, Texas

Deputy

,

Case 3:13-cv-03813-B Document 1-13 Filed 09/19/13 CAUSE NO. DC-13-1060s HIGHLAI{D PARK PRESBYTERIAN CHTTRCH INC.
PIaintiff(s),

Page 4 of 4 PageID 114

$ $
$

IN THE DISTRICT COURT

vs.
GRACE PRESBYTERY, INC. Defendant(s).

$ $

298TH JTIDICIAL DISTRICT

s
$

s s

DALLAS COI]NTY, TEXAS

AFFIDAVIT OF SERVICE
Came to hand on Tuesday, September 10, 2013 at 4:10 PM, Executed at: 6100 COL\ryELL BOULEVARD, SUITE 100,IRVING, TX within the county of DALLAS at 4:50 PM, on Tuesday, September 10, 201 by delivering to the within named:

{r) cn
|-,
f

S -rt ñ
,- t:' '¡'
-. 1F.¡

GRACE PRESBYTERY INC By delivering to its' Associate General Presbyter, MICHAEL THOMPSON Each, in person a true copy of this

àU'

U,

¡ =rn =(f Ë
qt,,.

(-r f

NOTICE TO SHO\ry CAUSE
having first endorsed thereon the date of the delivery.

BEFORE ME' the undersigned authority, on this day personally appeared Danny L. Haney who after being duly sworn on oath states: "My name is Danny L. Haney. I am a person over eighteen (18) years of age and I am competent to make this affrdavit. I am a resident of the State of Texas. I have personal knowledge of the facts and statements contained in this affrdavit and aver that each is true and conect. I am not a party to this suit nor related or affrliated with any herein, and have no interest in the outcome of the suit. I am familia¡ with the Texas Rules of Civil Procedure, and the Texas Practice and Remedies Codes as they apply to service of process. I have never been convicted of a felony or of a misdemeanor involving moral turpitude. "
Danny L. Haney

of:
By:
- Exp 03/3r/14

Ilê¿"r

Sqbççribed and Sworn to by Danny L. Haney, Before Me, the undersigned authority, on this of Septenber, 2013.

,i.'
r¡

l¡

ü'fì,iRíI/ Íi/rf LÍ)i l,ì ilÛLBf Ålí [,r1,i¿ni lr'-,þiig
gT. p,
it'ii¿
'..i¡ e..f

Notary

and for The State of Texas

¡'i;

(irrnrrL
1.Ð-q:#r

!

Û11:

ïL:ì,:,ìÍi
¿,iJi,Í): 'Í.1C17

'

Case 3:13-cv-03813-B Document 1-14 Filed 09/19/13

Page 1 of 4 PageID 115

EXHIBIT N

Case 3:13-cv-03813-B Document 1-14 Filed 09/19/13
SHERIFF'S RETURN
Came to hand on

Page 2 of 4 PageID 116

the
, and

_____
20 at

ATTY
No. DC-13-10605

_

20-at

o'clock_M., by delivering to

executedthe

day of

dayof

IN
298th District Court

the $rithin named

defendant_in

persori, a

tue copy of this writ.

HIGTILA¡ID PARI( PRESBYTERIAN CIIURCH INC

vs.
Sheriff
, Texas.

GRAEE PRESBYTERY INC

Serving Copy Mileage

FEES:
$ $ $

Temporary Restraining Order
ISSUED oN THIS THE 10TH DAY OF SEPTEMBER, 2013 GARY FITZSIMMONS Clerk, District courts, Dallas County, Texas By CARMEN MOORER. Deputy

Toral

KENT C KRAUSE 31OO MONTICELLO AVEI\ruE
STIITE 550

DALLAS TX 75205
214-750-3s50

r* sEE ATTACHED **
***AFFIDAVIT ***

** SEE ATTACHËD *" ***A_FFIDAVIT ***

il¡¡¡¡

çò

I

Case 3:13-cv-03813-B Document 1-14 Filed 09/19/13 TEMPORARY RESTRAII{ING ORDER- Form 322

Page 3 of 4 PageID 117

üi{iGlr,i,+\L
THE STATE OF TEXAS
TO
GRACE PRESBYTERY INC
WHEREAS, in a certain suit pending in the
ct Court of the 298th District Court of Texas, wherein HIGHLAID PARK PRESBYTERIAI\ CHURCH INC Plaintiff(s) and GRACE PRESBYTERY INC Defendant (s), and the said HIGHLAI\ID PARK for and obtained from the Hon. DALE TILLERY Judge of the 298th District Court , his gracious most TEMPO RARY RESTRAINING ORDER and the said having given bond, as required by the fiat of the judge of the 298th

Di

District Court.
Now, therefore, you, the said GRACE PRESBYTERY INC vour Counselors, Solicitors, Attorneys, Agents, Servants and employees are hereby commanded to DESIST and REFRAIN from SEE ATTACHED COPY OF TRO until fi¡rther order of the District Court to be holden within and for the County of Dallas Judicial District of Texas at the Courthouse thereof, in the City of Dallas, at 9:304M ON THE 23RD DAY OF SEPTEMBER 2013, when and where this writ is returnable. HEREIN FAIL NOT, r¡nderthe penaltyof the law. WITNESS: GARY FITZSIMMONS, Clerk of the District Courts of Dallas County, Texas. Given under my hand and the seal of said Court, at office in the City of Dallas, ON THIS THE fOTH DAY OF SEPTEMBER, 2013.

Attest:

GARY FITZSIMMONS Clerlq District Courts, Dallas County, Texas.

Deputy
.l : , I:ti

¡o

Case 3:13-cv-03813-B Document 1-14 Filed 09/19/13 CAUSE NO. DC-13-1060s
HIGHLAND PARK PRESBYTERIAN CHTIRCH INC. Plaintiff(s)'

Page 4 of 4 PageID 118

$

IN TIIE DISTRICT COI]RT

s
$ $ $ $ $

vs.
GRACE PRESBYTERY,INC.
Defendant(s).

298TH JT]DICIAL DISTRICT

s
$

DALLAS COIINTY, TEXAS

AFFIDAVIT OF SERVICE
PM' 100' IRVING' TX SUITE BOULEVARD, Executed at: 6100 COLIVELL within the county of DALLAS at 4:50 PM, on Tuesday, September 10' 2013, by delivering to the within named:
Came to hand on Tuesday, September 10,2013 at 4:10
(-o

'71-r

(:)

c¡

)
t"....¡

<)"

tTI (.r r-

C,'

GRACE PRESBYTERY INC By delivering to its'Associate General Presbyter, MICHAEL THOMPSON Eactu in person a true copy of this

:'¡

o ã z.

<n

=rn *Cf, gr
(,

TEMPORARY RESTRAINING ORDER AND TEMPORARY RESTRAINING ORDER
having first endorsed thereon the date of the delivery'

BEFORE ME, the undersigned authority, on this day personally appeared Danny L. Haney who after being duly sworn on oath states: "My name is Danny L. Haney. I am a person over eighteen (18) years of og'e *r.¡ I u* competent to make this affidavit. I am a resident of the State of Texas, I have personal knowledge of the facis and statements contained in this affidavit and aver that each is true and correct. I am not u p*V to this suit nor related or affrliated with any herein, and have no interest in the outcome of the suit. i am familia¡ with the Texas Rules of Civil Procedure, and the Texas Practice and Remedies Codes as they apply to service of process. I have never been convicted of a felony or of a misdemeanor involving moral turpitude. "
Danny L. Haney

of:
By:
- Exp 03/3U14

l-lå

Subscribed and sworn to by Danny L. Haney, Before Me, the undersigned authority, on this ¿"v of September' 2013.

Notary
f;ll¡Jìfff l{LftÍìr;t il0iËìfiTl
f.rr,.ì,?ir,.t l'),,
ú.1
i

and for The State of Texas

iiiC

ì, ì ,:1i
i

ijt,'r:, ilfi,'i:.

,, i7¡': ¡.,i,r''$ ,':, íl;;ili'i:Ci7 i Ji !¡¡t; i;iíi:ì.ír"':'.i

'¡

Case 3:13-cv-03813-B Document 1-15 Filed 09/19/13

Page 1 of 4 PageID 119

EXHIBIT O

Case 3:13-cv-03813-B Document 1-15 Filed 09/19/13

Page 2 of 4 PageID 120

üR¡Gl[,iAL
FORM NO. 353-3. CITATION
ATTY

TIIE STATE OF TEXAS
To:
GRACE PRESBYTERY INC SERVE ITS REG AGENT COI{I\TIE M TT,IBB 6100 COLWELL BLVD STT lOO DALLAS TX 75039-314r
GREETINGS: You have been sued. You may employ an attorney. [f you or your attorney do not file a writæn answer with the clerk who issued this citation by l0 o'clock a.m. of the Monday next following the expiration of twenty days after you \ilere served this citation and petition, a default judgment may be taken against you. Your answer should be addressed to the clerk of the 298th District Court at 600 Commerce Streeg Ste. l0l, Dallas, Texas 75202.
Said Plaintiff being

CITATION
DC-r3-1060s
HIGHLAND PARK PRESBYTERIA¡I CHURCH INC
vs.

GRACE PRESBYTERY INC

HIGHLAìü) PARI(PRESBYTERIAN CHURCH INC

Filed in said Court 10th day of September,2013 against GRACE PRE,SBYTERY INC
For Suit, said suit being numbered DC-13-10605. the nature of which demand is as follows: suit on orHER (crwl,) etc. as shown on said petition REe FoRDrscLosuRE, a copy of which accompanies this citation. If this citation is not served, it shall be ¡eturned
unexecuted.

ISSUED THIS lOth day of September,2013

GARY FITZSIMMONS Clerk District Coufs, Dallas Cotrnty, Texas

By: CARMEN MOORER, Depury

WITNESS: GARY FITZSIMMONS, Clerk of the District Courts of Dallas, County Texas. Given under my hand and the Seal of said Court at ofÏice this lOth day of September, 2013.

ATTEST: GARY FITZSIMMONS,

Courts of Dallas, County,

Deputy ¡rt: ez

t:¿

Attorney for Plaintiff KENT C KRAUSE 31OO MONTICELLO AVENUE SUITE 550 DALLAS TX 75205 2t4-7s0-3550

Jg

oñIl"å¡

rqr

F¡ã)

Case 3:13-cv-03813-B Document 1-15 Filed 09/19/13

Page 3 of 4 PageID 121

OFFICER'S RETI]RN
CaseNo.: DC-13-10605
Court No.298th District Court Style: HIGHLAIID PARK PRESBYTERIAI CHURCH INC
vs.

GRACEPRESBYTERY INC

Came to hand on the

day

of at

within the County of
20

20 o'clock , at o'clock .lvl. on the

.M. Executed at

of

by delivering to the within named

each, in Person, a true copy of this Citation together with the accompanying copy of this pleading having me in serving such process

fi

endorsed on sztme date of

delivery. The disancæ actually traveled by

was

miles and my fees a¡e as

follows:

To certi$ which witness my hand.

For serving Citation

For mileage For Notary

of

(Must be verified if served outside the State of Texas.)
Sigaed and swom to by the

said

before mc

this

day

of

20,

to certify which witness my hand and seal of offrce.

Notary Public

I* SEE ATTACHED *. ***AFFIDAVfT ***

i* SEE ATTACHED **
***AFFIDAVIT ***

Case 3:13-cv-03813-B Document 1-15 Filed 09/19/13 CAUSE NO. DC-13-1060s
HIGHLAIYD PARK PRESBYTERHN CHTiRCH INC. Plaintiff(s),
s
$ $

Page 4 of 4 PageID 122

IN THE DISTRICT COI]RT

vs.
GRACE PRESBYTERY,INC.
Defendant(s).

s

s
$ $
$ $

298TH JUDICIAL DISTRICT

DALLAS COUNTY, TEXAS

AFFIDAVIT OF SERVICE
Came to hand on Tuesday, September 10,2013 at 4:10

PM,
r:.:)

Executed at: 6100 COLWELL BOULEVARD, SUITE 100, IRVING, TX within the county of DALLAS at 4:50 PM, on Tuesday, September 10, 2013, by delivering to the within named:

lì - ,¡\¡
r'¡
---.u:
)'f:

-l ì1

- loo -

TÌÌ

ct)

¿;

GRACE PRESBYTERY INC By delivering to its'Associate General Presbyter, MICHAEL THOMPSON Each, in person a true copy of this

U.,

-

O

g

=rn 3o
Ø

CITATION AND PLAINTIX'F'IS ORIGINAL PETITION AND FOR INJUNCTIVE RELIEF
having first endorsed thereon the date of the delivery.

CATION

BEF'ORE ME, the undersigned authority, on this day personally appeared Danny L. Haney who after being duly sworn on oath states: "My name is Danny L. Haney. I am a person over eighteen (18) years of age and I am competent to make this affidavit. I am a resident of the State of Texas. I have personal knowledge of the facts and statements contained in this affrdavit and aver that each is true and correct. I am not a party to this suit nor related or affiliated with any herein, and have no interest in the outcome of the suit. I am familia¡ with the Texas Rules of Civil Procedure, and the Texas Practice and Remedies Corles as they apply to service of process. I have never been convicted of a felony or of a misdemeanor involving moral turpitude." Danny L. Haney

Of:
By:

Dallas

- Exp

ll tb

SuÞwribed and Sworn to by Danny L. Haney, Before Me, the undersigned authority, on this ¿"t of september,2o13.

f;ii,'üif l-'/it/:1TÀ11:l,Ìi-;i,l'i.[i;4fl

',1

Notary

and for The State of Texas

*
;..:'

iiii;l¡¡ri;

f'r.,;

,"

gr,P;íti{i¡: rr; ' fi t.¡.¡'..tt, "."i17 f.¿:\i t.ilrrrrf. ii :j
i-.

;f

\':.;''{l''jì!täIir';t;

I

Case 3:13-cv-03813-B Document 1-16 Filed 09/19/13

Page 1 of 3 PageID 123

Case 3:13-cv-03813-B Document 1-16 Filed 09/19/13

Page 2 of 3 PageID 124

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