Legal Opinion · Dissent

Masterson v. Diocese of Northwest Texas

Texas Supreme Court

Decided August 30, 2013No. 11-0332Published

1DissentJustice Lehrmann

Today the Court applies state law governing corporations to bar summary judgment for TEC 1 on an ecclesiastical matter *615over which the Court has no jurisdiction. While I wholeheartedly agree with the Court that church property disputes should be resolved under the neutral-principles approach approved by the Supreme Court in Jones v. Wolf, 443 U.S. 595, 99 S.Ct. 3020, 61 L.Ed.2d 775 (1979), in my view, the Court has misapplied those principles in this case. In deciding that the secular law governing corporations controls the outcome of this matter, the Court places undue emphasis on the local…

2Cases cited10 opinions

  1. Serbian Eastern Orthodox Diocese for United States and Canada v. MilivojevichSupreme Court of the United States · 1976
  2. Jones v. WolfSupreme Court of the United States · 1979
  3. Lopez v. Muñoz, Hockema & Reed, L.L.P.Texas Supreme Court · 2000
  4. Bishop and Diocese of Colorado v. MoteSupreme Court of Colorado · 1986
  5. From the Heart Church Ministries, Inc. v. African Methodist Episcopal Zion ChurchCourt of Appeals of Maryland · 2002

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