SCOTUS declines church property dispute case

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The Supreme Court of the United States will not take a case involving a dispute between churches over property.

The U.S. justices considered The Presbytery of Ohio Valley, Inc., et al. v. OPC, Inc., et al., 12-907, at the court’s April 26 conference and declined to grant certiorari. Olivet Presbyterian Church and the denominational organization it was previously affiliated with, the Presbyterian Church (USA) and later subsidiary organizations, ended up in court over property Olivet wanted to keep after it decided to leave PC (USA).

The trial court ruled in favor of Olivet, citing that the deed of the property belonged to Olivet. The Indiana Court of Appeals reversed summary judgment for Olivet and ordered judgment entered in favor of the national church organization. The COA found that Olivet has no right, title or interest in the property.

The Indiana Supreme Court in July 2012 reversed, finding neither the trial court nor the Court of Appeals correctly ruled in the dispute. The majority of justices held that genuine issues of disputed fact must be resolved at trial rather than on summary judgment. Justices Mark Massa and Frank Sullivan Jr. dissented without opinion.

The SCOTUS also denied cert to Darrell Wayne Hughes v. Indiana, 12-8926. Prisoner Darrell Hughes petitioned the court pro se in August 2012 to take his case alleging conspiracy against numerous elected officials, judges, and correctional department officials.

Justice Stephen Breyer, 74, was not at court Monday after injuring his shoulder in a bicycle accident Friday. He was hospitalized and underwent reverse shoulder replacement surgery. He is expected to be released from the hospital early this week.

The U.S. Supreme Court has yet to hand down opinions in two Indiana cases before it – Maetta Vance v. Ball State University, et al., 11-566; and Vernon Hugh Brown v. Monsanto Co., et al., 11-796. At issue in Vance is whether the supervisor liability rule applies to harassment by people whom the employer authorizes to direct or oversee the victim’s daily work, or whether the supervisor liability rule is limited to those harassers who have the power to “hire, fire, demote, promote, transfer or discipline” their victim. The Circuit courts have been split in decisions on this issue.

In Brown, the justices will decided whether the federal circuit erred by refusing to find the patent had been exhausted on seeds sold for planting and by creating an exception to the doctrine of patent exhaustion for self-replicating technologies.



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  1. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.