Fonken v. Community Church of Kamrar

McCORMICK, Justice.

It is a paradox that disputes among church members, like disputes in families, can become emotional and bitter despite the high motives and essential decency of the people involved. When a schism occurs, the civil courts are sometimes asked to decide which faction is entitled to the property owned by the church. As the present case illustrates, the decision is difficult when church interests in property are not established through traditional legal instruments. The trial court held that title to the local church property was subject to an implied trust in the general…