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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. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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