Fonken v. Community Church of Kamrar

Because I cannot agree with the use of the compulsory deference approach to resolve church property disputes or the manner in which the neutral principles approach is applied, I respectfully dissent. The majority indicates that they use both the compulsory deference and the neutral principle approaches in resolving this property dispute. They decide that the trial court correctly applied both principles. Although the deference principle was correctly applied, I would reject this approach. Instead, I would resolve church property disputes under neutral principles of law since it does not…