First Presbyterian Church v. United Presbyterian Church in United States
New York Court of Appeals
POINTS OF COUNSEL Application of the “neutral principles of law” approach requires affir-mance of the trial court judgment. (Pres.byterian Church v Hull Church, 393 US 440; Maryland & Va. Churches v Sharpsburg Church, 393 US 367; Avitzur v Avitzur, 58 NY2d 108; Matter of First Presbyt. Soc., 106 NY 251; Westminister Presbyt. Church v Trustees of Presbytery, 211 NY 214; Matter of Presbytery of Albany [Second United Presbyt.
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POINTS OF COUNSEL Application of the “neutral principles of law” approach requires affir-mance of the trial court judgment. (Pres.byterian Church v Hull Church, 393 US 440; Maryland & Va. Churches v Sharpsburg Church, 393 US 367; Avitzur v Avitzur, 58 NY2d 108; Matter of First Presbyt. Soc., 106 NY 251; Westminister Presbyt. Church v Trustees of Presbytery, 211 NY 214; Matter of Presbytery of Albany [Second United Presbyt. Church], 35 AD2d 252, 28 NY2d 722, 404 US 803; Trustees of Dartmouth Coll, v Woodward, 4 Wheat [17 US] 518; People ex rel. Sturges v Keese, 27 Hun 483; Jones v Wolf, 443 US…
1Opinion of the Court
OPINION OF THE COURT
Simons, J.
This action involves a dispute between plaintiff First Presbyterian Church of Schenectady (First Church), and its denominational church organization, defendant The United Presbyterian Church in the United States of America (UPCUSA). It arose when First Church withdrew from the denominational church because of a disagreement over UPCUSA’s financial support of radical political groups and individuals. Plaintiffs seek a declaration of their independent status and a permanent injunction preventing defendants from interfering with plaintiffs’ use and enjoyment of the…
2Cases cited16 opinions
- Cantwell v. ConnecticutSupreme Court of the United States · 1940
- Everson v. Board of Ed. of EwingSupreme Court of the United States · 1947
- Serbian Eastern Orthodox Diocese for United States and Canada v. MilivojevichSupreme Court of the United States · 1976
- Presbyterian Church in US v. Mary Elizabeth Blue Hull Memorial Presbyterian ChurchSupreme Court of the United States · 1969
- Jones v. WolfSupreme Court of the United States · 1979
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3Cited by84 opinions
- Presbytery of Beaver-Butler v. Middlesex Presbyterian ChurchSupreme Court of Pennsylvania · 1985
- General Convention of the New Jerusalem in the United States of America, Inc. v. MacKenzieMassachusetts Supreme Judicial Court · 2007
- Congregation Yetev Lev D'Satmar, Inc. v. KahanaNew York Court of Appeals · 2007
- Bishop and Diocese of Colorado v. MoteSupreme Court of Colorado · 1986
- Wende C. v. United Methodist ChurchNew York Court of Appeals · 2005
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