St. John Chrysostom Greek Catholic Church v. Elko

Dissenting Opinion by

Mr. Justice Roberts:

I am compelled to dissent from the majority’s decision in this case as well as its decisions in two companion cases,1 all of which are concerned with church property disputes between local and general church organizations. In my view, our disposition of all three cases is governed by the recent decision of the United States Supreme Court in Presbyterian Church m the United States v. Mary Elizabeth Blue Hull Memorial Presbyterian Church, 393 U.S. 440, 89 S. Ct. 601 (1969). I believe that the majority of our Court has examined factors beyond the pale of…