Southeastern Pennsylvania Synod of the Evangelical Lutheran Church in America v. Meena

DISSENTING OPINION BY

Judge LEAVITT.

I respectfully dissent. The majority holds that the Synod’s decision to close Redeemer and take control of its property was an ecclesiastical matter over which the courts lack jurisdiction. However, the validity of the Synod’s action turns on a question of corporate governance that can be decided under neutral principles of Pennsylvania corporation law. Specifically, Redeemer contends that the Synod’s action was ultra vires because it was not authorized by the Synod’s Articles of Incorporation. I would remand that question to the trial court for disposition.

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