Hayman v. St. Martin's Evangelical Lutheran Church

Bruñe, C. J.,

delivered the opinion of the Court.

This is a suit for a declaratory judgment, brought by the minority faction of a church congregation split by a schism, to determine which group has the right to church property and to direct the affairs of the church corporation. The only issues before us on the merits of the controversy are: (1) whether the majority had the right, after a vote in accordance with its bylaws and the provisions of Code (1957), Art. 23, §§ 264 and 265, to withdraw from the “parent” organization, the Evangelical and Reformed Church, and (2) whether the minority or…