Russell v. United Missionary Baptist Church

Walsh, Judge.

Plaintiffs-appellants, Doug Russell and Frank Latimer, appeal an order of the Butler County Court of Common Pleas denying attorney fees in a derivative action.

Appellants are members of the board of deacons of appellee, United Missionary Baptist Church (“church”), which is a not-for-profit corporation. On January 15, 1991, an election was held to select a new pastor for the church. The church’s constitution required an affirmative two-thirds vote of the members present to elect a new pastor. There was no provision for absentee ballots in the church constitution. However, in this…