A church’s intent to leave The United Methodist Church does not prevent that church from being closed if conditions warrant, the denomination’s top court ruled.
In Decision 1490, the Judicial Council said that no conflict exists between the denomination’s disaffiliation policy in the Book of Discipline’s Paragraph 2553 and its policy in Paragraph 2549.3(b) for a church’s closure under “exigent circumstances.”
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The church court added that “until a local church is disaffiliated, the provisions of ¶2549.3(b) remain available in appropriate circumstances.”
The Judicial Council decision, addressing a controversial church closure in the North Carolina Conference, was among the six rulings the church court released Nov. 7 after its fall deliberations at Africa University.
In Decision 1490, the church court reviewed rulings of law by North Carolina Conference Bishop Connie Mitchell Shelton, responding to questions related to the closure of Fifth Avenue United Methodist Church near downtown Wilmington.
At issue was whether North Carolina Conference leaders violated church law — including Paragraph 2553 — in approving an interim closure of Fifth Avenue in March after the church asked in February to hold an official vote on disaffiliation.
In this case, the church court affirmed Shelton’s decisions of law in response to the questions before her.
Paragraph 2549.3(b) allows conference leaders to close a church between annual conference sessions if they declare that “exigent” — that is, pressing — circumstances exist “that require immediate protection of the local church’s property, for the benefit of the denomination.” Under the provision, the conference leaders then vest the closed church’s property and assets in the annual conference board of trustees.
In its decision, the Judicial Council noted that Paragraph 2549.3(b) has built-in safeguards. The bishop, a majority of district superintendents and the appropriate district board of church location and building all must consent to the interim closure.
The church court said that’s what happened when those North Carolina Conference leaders adopted a written “Resolution for Closure of the Fifth Avenue United Methodist Church” in March.
Paragraph 2549.3(b) and related church laws also require that the annual conference, consisting of lay and clergy voters from multiple congregations, approves the church closure when it next meets.
After three speeches for and three speeches against, a majority of North Carolina Annual Conference voters approved Fifth Avenue’s formal closure when it met in June.
The Judicial Council concluded that Fifth Avenue’s interim and subsequent final closure and the vesting of the church’s property in the annual conference board of trustees did not violate church law, including Paragraph 2553.
Former members of Fifth Avenue had also sued the North Carolina Conference in civil court. In September, a Superior Court judge dismissed the lawsuit. The former members are appealing.
excerpt from a story by Heather Hahn, assistant news editor for UM News.
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