Legal Opinion · Dissent

Board of Church Extension v. Eads

West Virginia Supreme Court

Decided December 21, 1976No. 13640Published

1DissentFlowers, Justice

I respectfully dissent to the holding of the majority in this case. Having carefully examined the majority writer’s footnotes and the opinion attached thereto, I find my objections to be rather comprehensive, going to both the substance and form of the opinion.

*962In matters of substance, the majority has reversed a trial court without any conclusion that its factual findings were clearly wrong, has impermissibly and unconstitutionally muddled the law as to the rights of churches, and has incredibly reached a decision on the merits of the case and then concluded that the litigant was disqualified…

2Cases cited12 opinions

  1. Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
  2. United States v. Schooner PeggySupreme Court of the United States · 1801
  3. Kedroff v. Saint Nicholas Cathedral of the Russian Orthodox Church in North AmericaSupreme Court of the United States · 1952
  4. Lewis v. Dils Motor CompanyWest Virginia Supreme Court · 1964
  5. Wilson v. PerryWest Virginia Supreme Court · 1886

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