Pelphrey v. Cochran

PALMORE, Judge.

This is a contest between two factions of the Oil Springs United Baptist Church over the right to use and control the church property, which is located in Johnson County. The appellants, losers in the trial court, contend (1) that the proceeding should have been abated pending the outcome of a suit previously filed in the Magoffin Circuit Court and (2) that the judgment on the merits was erroneous. A third question is whether the controversy is justiciable in view of Presbyterian Church in United States v. Mary Elizabeth Blue Hull Memorial Presbyterian Church, 393 U.S. 440, 89…