Legal Opinion · Dissent

First Presbyterian Church of Schenectady v. United Presbyterian Church in United States

Appellate Division of the Supreme Court of the State of New York

Decided March 10, 1983Published

1DissentCasey, J.

In my view, application of the “neutral principles of law” approach to resolution of the intrachurch property dispute at issue here requires affirmance of Trial Term’s judgment and, therefore, I dissent.

The State has a legitimate interest in resolving property disputes, and a civil court is a proper forum for that resolution (Presbyterian Church v Hull Church, 393 US 440, 445). A civil court’s role, however, in resolving church property disputes is severely circumscribed by the First Amendment, but “[cjivil courts do not inhibit free exercise of religion merely by opening their doors to…

2Cases cited11 opinions

  1. Serbian Eastern Orthodox Diocese for United States and Canada v. MilivojevichSupreme Court of the United States · 1976
  2. Presbyterian Church in US v. Mary Elizabeth Blue Hull Memorial Presbyterian ChurchSupreme Court of the United States · 1969
  3. Jones v. WolfSupreme Court of the United States · 1979
  4. Avitzur v. AvitzurNew York Court of Appeals · 1983
  5. Trustees of Presbytery v. Westminister Presbyterian ChurchNew York Court of Appeals · 1918

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