LEAD YOUR CONGREGATION TO A NEW BEGINNING A GUIDE TO LEAVING THE METHODIST CHURCH
DANIEL P. DALTON 1
SO ABRAM SAID TO LOT,
“ Is not the whole land before you? Please separate me; if to the left, then I will go to the right; or if to the right, then I will go to the left.”... Thus they separated from each other.
GENESIS 13:8-11
The deliberations have taken place.
The meetings are complete.
And the decision has been made.
Your local church is leaving the United Methodist denomination.
WHAT HAPPENS NEXT? 2
Dalton & Tomich, PLC Attorneys at Law The Chrysler House 313.859.6000 719 Griswold Street, Suite 270 [email protected] Detroit, Michigan 48226 www.daltontomich.com
I have prepared this white paper based on my years of experience working with local churches leaving their denomination. It’s a process my colleagues and I understand well, which is why we want to work with you and your church to implement it.
This white paper provides answers to many of the most common denominational separation questions. It also provides several methods of how to move away from the denomination.
The critical issue your church must address is the ownership of property. Unfortunately, there is no single solution as the answer is based on an interpretation of the Methodist Trust Clause under state law.
While this paper will not answer all of your questions and should not be interpreted as providing legal advice, I hope you find it helpful as your local church embarks on a new journey.
Please, do not hesitate to contact me to answer your specific questions.
DANIEL P. DALTON Attorney and Co-Founder 3
By faith Abraham, when called to go to a place he would later receive as a his inheritance, obeyed and went, even though he did not know where he was going.
HEBREWS 11:8
THE STEPS TO LEAVE THE UNITED METHODIST DENOMINATION
Not surprisingly, the Book of Discipline provides This is a two-step process that my team has no guidance for local churches who desire to leave implemented many times. The first step is to the United Methodist denomination. Therefore, ensure the local church’s Leadership Team and the church that leaves needs to make sure that it Governance Documents are in order, including complies with local law when separating. ensuring the latter are set up, or modified, to exclude the relationship with the denomination. This notion itself is endorsed within the Book of Discipline, which provides as follows: “All The second step is Litigating the Ownership of provisions of the Discipline relating to property, Property. This involves filing a declaratory action both real and personal, and relating to the formation in state court and demonstrating to the court that and operation of any corporation, and relating the local church followed state law to leave the to mergers are conditioned upon their being in denomination and keep what it owns. conformity with local laws, and in the event of conflict therewith, the local laws shall prevail. . . .“1 Simply put, the Book of Discipline acknowledges the authority of the local law. So as the Book of Discipline has no mechanism to disaffiliate, the local church need only look to its own state non-profit law to find its path out of the denomination. 4
STEP ONE: LEADERSHIP TEAM AND GOVERNANCE DOCUMENTS
Form a Leadership Team 5
Inventory the Assets of the Church 6
Draft Articles of Incorporation and Create a New Entity 7
Prepare Bylaws 8
Secure Tax Identification and Tax-Exempt Clearance 8
Hold an Organizational Meeting 9
Ensure Proper Accounting Practices 10 STEP ONE: LEADERSHIP TEAM AND GOVERNANCE DOCUMENTS 5
FORM A LEADERSHIP TEAM
The process for leaving the United Methodist In most situations, the annual conference will Church will be time-consuming and challenging. not have any idea about the departure until the Therefore, it is important to create a leadership church stops paying their apportionments. It is very team with defined responsibilities to lead the important to stay ahead of the annual conference congregation out of the denomination and into a and have your leadership team selected, your new new independent church or new denomination. corporation created, and your legal strategy in place prior to announcing your departure. A strong Ideally, the team should include people with and trusted leadership team is essential to creating backgrounds in management, finance, and human an advantageous exit. It is equally important to resources. There should also be a liaison for a legal understand who should not be on the leadership team. The team should schedule weekly meetings to team. Local church conference-appointed clergy, keep the process moving forward. There should be trustees, officers, and other board members, under a record of minutes of meetings and charts showing the Book of Discipline, are all subject to removal who does what job until the task is finished. The or replacement by the conference. You should team needs to keep information confidential and assume that once a decision is made to leave the should not communicate their desire to leave the denomination, the annual conference will become annual conference until the time is appropriate. aware of it and will take steps to preserve the property and assets.
If it is serving, let him serve; . . . if it is encouraging, let him encourage; if it is giving, let him give generously; if it is leading, let him lead with diligence. . .
ROMANS 12:7-9 STEP ONE: LEADERSHIP TEAM AND GOVERNANCE DOCUMENTS 6
INVENTORY THE ASSETS OF THE CHURCH
One of the very first steps in the process is to find Having knowledge of what the church owns will help out what you own and how the asset is titled with the leadership team, the annual conference, and a respect to ownership. This is important for two court determine the best strategy to move forward reasons. First, it gives you and your professionals and ultimately reach a resolution. Once the local a baseline assessment of what type of property church has gathered the necessary documents you are dealing with. Second, it allows you to and answered the questions, the attorney can then re-evaluate your property insurance coverage as advise the local church on the best path forward. the insurance coverage is based on the property Furthermore, the attorney can potentially help retain you own. Therefore, it is important to understand all or a portion of the property and assets. That is what property the local congregation owns, how why knowledge of what the church has, what they the assets are titled, and decide what the church own, and the title of ownership is critically important wants to do with its assets when it departs from the when creating a legal strategy to move away from congregation. the denomination.
Prior to seeking counsel, I highly recommend the leadership team be able to answer several questions and collect a variety of documents.
A list of these questions and documents can START OFF ON THE be found on our website at daltontomich.com/ RIGHT FOOT BY GETTING . Look for the “Church Leaving property-disputes ORGANIZED. Denomination – Questionnaire” link. Collecting all the proper information We have prepared this information based upon and documentation is an important years of litigating similar cases involving United component of this first step toward Methodist Church, Presbyterian, Episcopal and a denominational departure. We’ve Evangelical Lutheran church property disputes. compiled a list of documents you’ll need to locate and the questions you’ll need to answer.
FIND IT AT: daltontomich.com/property disputes “Come, let us rebuild the wall of Jerusalem, and we will no longer be in disgrace.” . . . They replied, “Let us start rebuilding.” So they began this good work. NEHEMIAH 2:17-19 STEP ONE: LEADERSHIP TEAM AND GOVERNANCE DOCUMENTS 7
DRAFT ARTICLES OF INCORPORATION AND CREATE A NEW NEW ENTITY
Because the annual conference likely owns the These two items help give your organization name of the church and the Methodist name is legitimacy, especially if the church will not become trademarked, the next step in the process of moving affiliated with a particular denomination. forward is creating a new local church. This means that the local church needs to do a few things. The first step in the process to create a new local church is to make a plan as to what it will look like 1 from a legal perspective. It is essential, therefore, First, the church must create and file new to work with an attorney experienced in this area of law. If you do not do this properly, you will not articles of incorporation, bylaws, and a prevail in a declaratory action. Whatever type of statement of faith with the state in which religious organization you are starting, you must it is located. work with your founding members to write your church’s doctrine, beliefs, mission, and purpose.
2 A key step is to establish the church as a non-profit Then, secure an Employer Identification corporation primarily because it offers protection Number from the IRS. In some states, you from personal liability from any debts it may will need a state tax number. incur. Different states use different terms for this organizing document: some call it the Articles of Incorporation; other states call it the Certificate of Formation. It is strongly advised that you work with 3 an attorney experienced in non-profit laws in your Lastly, hold an initial organizational state. meeting. Since there are procedural steps that need to be taken pursuant to state The certificate, filed with the secretary of state’s law, it is important to work with someone office in the state in which you incorporate, familiar with state law when adopting becomes a public document. It defines what your new governance documents. the corporation will do and who will be initially responsible for the management of the corporation. As a religious organization, a church would be There are several basic steps to follow when considered a non-profit corporation. creating a new religious organization. These include both state-specific steps and federal steps. In some states, like West Virginia, local churches While local churches are not required to become cannot incorporate as a legal entity. Please check incorporated organizations or apply for tax-exempt the state you are located in to make sure that your status, your group may consider both steps. church can incorporate within your jurisdiction. STEP ONE: LEADERSHIP TEAM AND GOVERNANCE DOCUMENTS 8
PREPARE BYLAWS
While the articles of incorporation govern the legal status of the entity, the bylaws are the “constitution” of the local church. The bylaws, which are not filed with the state, provide how the local church will operate, how it will handle internal issues, and how it will dissolve. This document takes the longest to create, so the church should allot sufficient time to complete this task.
SECURE TAX IDENTIFICATION AND TAX-EXEMPT CLEARANCE
Once the state approves the Articles of Incorporation for filing, the local church can go SHOULD I HIRE AN ATTORNEY online and apply for an Employer Identification TO CREATE BYLAWS AND Number (EIN) from the IRS. The EIN is needed to SECURE TAX-EXEMPT open bank accounts and satisfy hiring requirements CLEARANCE? for staff. It is tempting to use an online form to The next step is to apply for tax-exempt status with create your governing documents and the IRS under Internal Revenue Code § 501(c)(3). reduce the payment of legal fees. The While churches are not required to apply for federal issues you are dealing with, however, are complex and unique to each and tax-exempt status, it is highly recommended, every Church. Churches who copy a especially if the church is not affiliated with form or borrow a governing document a particular denomina - tion. The process for typically find themselves at a loss when churches to apply for federal tax-exempt status is trying to defend the local ownership rather straightforward but time-consuming. Once of property. Please consult with an the tax-exempt status is secured, members will be attorney who specializes in this area able to deduct their tithes and offerings and the of the law. local church will be able to establish property tax exemptions under local law. STEP ONE: LEADERSHIP TEAM AND GOVERNANCE DOCUMENTS 9
HOLD AN ORGANIZATIONAL MEETING
It is very important to follow state law in adopting The local church was likely incorporated in the articles for the new entity, so that when your state and the ownership of the name of challenged, you have a viable position to argue. the congregation will likely remain with the This will help not only with keeping the local church denomination. members aware of the status of the work being done, but it is also crucial to have a record of the Since creating a church is similar to creating votes and decision-making. any other non-profit organization, it is highly recommended that you retain an attorney with Keep an open dialogue about the process of specific knowledge in non-profit law. Articles and incorporation. Once the articles are filed, the church bylaws need to be easy to understand so that must hold an organizational meeting to adopt church leaders do not need to resort to courts to bylaws and “form” the new entity. deal with internal issues. It is very difficult to fix internal bylaws, or resolve state and federal filings, The articles, bylaws, and statement of faith should when problems are brewing within a local church. be completed prior to the departure from the United Take the time and effort to properly incorporate now Methodist Church denomination for several reasons. to avoid issues in the future. In all likelihood, the annual conference owns the name of your local church. STEP ONE: LEADERSHIP TEAM AND GOVERNANCE DOCUMENTS 10
ENSURE PROPER ACCOUNTING PRACTICES
Be very clear as to the separation of money from the prior entity to the new entity. Our firm uses a variety of strategies to clearly provide evidence that all new money is being held separately from the prior accounts to make sure that the conference will have no claim over the funds. Please work with a professional in this regard because it is not as simple as opening up a new bank account.
LOOKING FOR MORE INFORMATION?
You can find a number of great resources at the Evangelical Council of Financial Advisors website: ECFA.org. Founded in 1979, ECFA provides accreditation to leading Christian nonprofit organizations that faithfully demonstrate compliance with established standards for financial accountability, transparency, fundraising and board governance. The Christ-centered ministries accredited by ECFA include churches, denominations, educational institutions, rescue missions, camps and many other types of tax-exempt 501(c)(3) organizations. 11
STEP TWO: LITIGATING THE OWNERSHIP OF PROPERTY
Litigating the Ownership of Property 12
A Basic Understanding of United Methodist Governance 13
Ownership of Property and the Trust Clause 14
Addressing the Trust Clause with the Local Church 15
Deference and Neutral Principles 16
General State Law Considerations 17
State Trust Laws 18 STEP TWO: LITIGATING THE OWNERSHIP OF PROPERTY 12
LITIGATING THE OWNERSHIP OF PROPERTY
Despite the many reservations that you may For that reason, civil courts are permitted to have about leaving the United Methodist Church address such disputes, but the Religion Clauses denomination, you should know that church in the U.S. Constitution “severely circumscribe property disputes are not something new. Also, [limit] the role that civil courts may play in resolving there have been multiple splits within the United church property disputes.”3 In other words, courts Methodist Church throughout the history of the may only go so far. They must take great care organization. that their approach to resolving these disputes neither impinges on the right to engage in religious The U.S. Supreme Court has explained that states exercise nor has the effect of establishing a religion. have “an obvious and legitimate interest in the peaceful resolution of property disputes.”2
YOUR GUIDE TO UNDERSTANDING THE UNITED METHODIST TRUST CLAUSE.
There are few issues in church law more perplexing than understanding the ownership of church property. This is even more true with respect to a local congregation affiliated with the United Methodist Church. That’s why we created a separate guide just to help church leaders understand the Trust Claus.
IT’S FREE AND YOU CAN FIND IT AT: daltontomich.com/umctrust STEP TWO: LITIGATING THE OWNERSHIP OF PROPERTY 13
A BASIC UNDERSTANDING OF METHODIST GOVERNANCE
As odd as it may seem, it is important to know there is technically no legal entity called “The United Methodist Church.”4 Rather, the entity commonly known as the United Methodist Church was formed in 1968 as a merger between the Methodist Episcopal Church and the United Brethren Church5.
Another concern is that there is no legal entity called the “United Methodist Church,” but rather, the governance of the members of the Church is left to “conferences” as outlined in the Book of Discipline 6. The United Methodist Church has no head of the denomination, no single decision maker, and no clear enforcing agency. Instead, every four years the United Methodist Church holds an annual conference where delegates make decisions on electing regional bishops. These bishops assert authority over a conference and make decisions on the Book of Discipline.7
While there is a Council of Bishops and a President A QUICK HISTORY LESSON. of the Council of Bishops, the Bishops do not have the authority to actually change the Book There are a variety of “carve outs” to property ownership based on the of Discipline or to hold each other accountable.8 historical nature of the Church. In the Therefore, we are left with some Bishops who adopt 1938 merger between the Methodist and enforce the Book of Discipline, and others who Episcopal Church and the Southern do not. Those Bishops who act in direct violation of Methodist, many local churches the Book of Discipline are not held accountable by entered into agreements with their 9 their fellow Bishops. Therefore, each Bishop makes local Bishops to maintain local property his or her own decision as to what parts of the Book ownership after the merger. The same of Discipline and theology he or she will follow.10 occurred in the 1968 merger between the United Brethren and the Methodist Church. It is helpful to have a historical understanding of the local church property when evaluating the trust clause. STEP TWO: LITIGATING THE OWNERSHIP OF PROPERTY 14
OWNERSHIP OF PROPERTY AND THE TRUST CLAUSE
Prior to making the decision to leave the United In terms of employment, the local church is the Methodist Church, the local church will need to employer and has the ability to hire and fire staff. understand how the annual conference views the Therefore, if the annual conference removes the ownership of property. There are many factors to pastoral staff and replaces it with one friendly to consider. So it is important to take a breath, outline the denomination, the local church members can what needs to be done, and take incremental steps refuse to attend the new pastor’s services and can in working toward separation. refuse to pay him or her. There is nothing the annual conference can do to force attendance or payment A local congregation is free to walk away from to the replaced pastor. the United Methodist Church at any time. Just like any congregant who decides to leave a The issue of property is a bit more challenging to congregation, a local church can vote to leave the address. The United Methodist denomination will denomination. That is a rule without exceptions. point to the “Trust Clause” in the Book of Discipline. The critical question is: what are the implications This argument is centered around the belief that such a decision has on the employees and the the local churches hold the property and assets “in property and assets the local church believes it is trust” and therefore, they are not entitled to them entitled to (e.g., real property such as buildings, once they leave the United Methodist Church. While personal property, bank accounts, investments, the conference will point to Section 2501 of the endowments and other property bestowed on the Book of Discipline to assert control over property, local congregation)? they will pointedly ignore other provisions of the Book of Discipline that reduce their authority on property.
I answered them by saying, “The God of heaven will give us success. We his servants will start rebuilding . . .”
NEHEMIAH 2:20 STEP TWO: LITIGATING THE OWNERSHIP OF PROPERTY 15
ADDRESSING THE TRUST CLAUSE WITH THE LOCAL CHURCH
Most, if not all, members of the local church A breakaway parish may have church doctrine and probably have never heard of the Trust Clause. structural trends on its side, but in the eyes of the Many will argue that they and their ancestors law that may not be enough. The discussion below funded the property and assets through their faith examines what a United Methodist congregation tithes and gifts. Other people in the local church needs to keep in mind when contemplating the might say they want no part of a contentious fight pursuit of legal remedy and therefore, advocate that the congregation should simply walk away from the property and start anew.
There are strong arguments for each path. If your congregation owns no real estate, holds no major investments, has not grown in several years, and lacks the will or resources to fight a protracted legal battle, then it may be in the congregation’s best interest to walk away from the denomination or negotiate the purchase of the property from the annual conference. Similarly, if the smaller local congregation is housed in an older building that has significant renovation and upkeep cost, it may be in the best interest of the church to walk away from the building and consider renting a space while the congregation accumulates the necessary funds to build anew.
However, if the local congregation owns its property outright and has the financial means COMMUNICATION IS KEY. and local support for litigating matters, it may be worth their while to challenge the ownership of real Tell you congregation about the and personal property in state court. The leader plans prior to holding a meeting to of the congregation must gauge and continually discuss leaving the denomination. Include key decision makers in your support the members on which path they take when leadership circle. moving forward on this issue. In the event of a local congregation withdrawal or a denominational division, courts must consider many factors before determining the rightful owner of local church property. STEP TWO: LITIGATING THE OWNERSHIP OF PROPERTY 16
DEFERENCE AND NEUTRAL PRINCIPLES
Resolution of a church property dispute is critically However, in Jones v. Wolf (1979), the leading influenced by the First Amendment, which provides church property case to date, the Court determined that “Congress shall make no law respecting an that neutral principles “rel[y] exclusively on establishment of religion, or prohibiting the free objective, well-established concepts of trust and exercise thereof[.]”11 This, however, did not provide property law familiar lawyers and judges,” thereby a clear method for litigating ownership of the producing outcomes reflecting “intentions of the property. So, in the Supreme Court’s 1872 Watson parties.”16 Though the Court has given states the v. Jones decision, the Court adopted an approach option to choose between deference and neutral called “hierarchical deference.” principles, the majority of states have adopted the latter. This method bound courts to defer to the judgment of the highest ecclesiastical tribunal of the denomination.12 Such an approach was initially thought to be the best way for courts to steer clear of unconstitutionally meddling in religious affairs. Then the Supreme Court drew attention to another new alternative.
VIDEO: HOW DO I EXPLAIN Jones had already given passing endorsement to WHAT A TRUST CLAUSE IS allowing courts to examine “the deed or will of the TO MY FELLOW CHURCH donor, or other instrument by which the property DECISION MAKERS? is held” to determine ownership.13 But it wasn’t Neutral Principles Deference and until the case of Denominational trust clauses can Blue Hull Memorial Church that this approach was be confusing. And not everyone will given a label. This case recognized that “there have the time to read through our are neutral principles of law, developed for use guide. For this reason, we encourage in all property disputes, which can be applied you to share our two-minute Trust Clause video with others involved in without ‘establishing’ churches to which property is this important decision. awarded.”14 FIND IT AT: Although this idea was now established, it was not daltontomich.com/tcvideo yet fleshed out. The following year, Justice William Brennan noted that this approach is consistent with the First Amendment only if it is applied “without the resolution of doctrinal questions and without extensive inquiry into religious polity.”15 STEP TWO: LITIGATING THE OWNERSHIP OF PROPERTY 17
GENERAL STATE LAW CONSIDERATIONS
In states that continue to apply deference, Equally important is knowledge of court decisions denominations appear to have a stronger argument within the state that interpret those provisions, on local church property. States that apply neutral as they can reveal how courts might respond to principles, however, give a better chance to local claims in a particular church property dispute. The churches. But whether or not a state has adopted manner in which state law directs the incorporated neutral principles is just the starting point because management of property can be of critical the outcome of litigation is never certain. Under importance. Certain states regulate incorporated neutral principles, courts will examine a wide range religious bodies more comprehensively than others. of factors, including relevant church and property Church governance structure conforms to state documents, the parties’ behavior, and relevant incorporation law, and terms of incorporation law state law. In this potentially dizzying array of may determine what happens to church property in considerations, there may be no clear-cut answers the event of dissolution or schism. to church property dispute questions. On a related note, courts will often look to the Congregants will encounter different rules in every founding incorporation of a church for property state. In many cases, applicable rules differ only ownership clues. References to the United slightly from jurisdiction to jurisdiction. Therefore, Methodist Church in a congregation’s articles of one must look cautiously to state law for guidance. incorporation, for instance, can be damaging. Key starting points include the state’s corporation, For this reason, it is important to examine your contract, and trust law. congregation’s founding documents to assess how closely you may be tied to the general church. STEP TWO: LITIGATING THE OWNERSHIP OF PROPERTY 18
STATE TRUST LAWS
Within your state, trust laws are one of the most In light of how little opportunity many churches have important things to understand. Trusts are to address terms of church property management, essentially a conditional transfer of property. this may not be as simple a question as the Like contracts, trusts are dependent on mutual denomination hopes. That being said, some courts consent.17 In trust law, the one creating a trust understand general consent to the United Methodist is referred to as the settlor. The settlor transfers constitution as consent to partake in a trust property to a trustee under certain agreed upon relationship. But it is important to remember that conditions, creating a fiduciary duty for the trustee. one normally cannot forfeit a property right without This means that the trustee has a responsibility giving consent. to abide by the terms of the trust in fulfilling the prescribed duties. It is important to keep in mind that the express trust in the Book of Discipline is not the only obstacle. State-to-state there are many similarities in trust law, Courts have refused to recognize the Trust Clause but it is important to remember that states, whether as binding and have still gone on to find that local through jurisprudence or statutory interpretation, church property was held in trust in favor of the create their own standards for trust law. Your state’s denomination on related but different grounds. They stance on the revocability of trusts is one of the do so under an “implied trust” doctrine that comes most important things to consider. In some states, in two forms: constructive and resulting. trusts are revocable. In others, they may not be. Most commonly, only the settlor will be able to For evidence of a constructive trust, courts modify or revoke a trust. But in any event, there are will look to when the property first began to be often rules and exceptions that must be analyzed wrongfully held.18 Courts will then consider a closely for alignment with your situation. variety of factors to determine which party is the equitable owner. Accordingly, United Methodist With a conceptual understanding of trusts, a careful congregations should closely scrutinize their ties to analysis of the Supreme Court’s Wolf decision the denomination to show that the general church becomes all the more important. That is why you has an unreasonable claim to the local property. need an attorney that understands this decision to help you move forward. Basic comprehension of Resulting trusts are a bit more specific. They focus this decision may suggest that a denomination may on the transaction that created the property interest. simply adopt an express trust, and that courts will In essence, a resulting trust posits that property be bound to enforce that trust if it’s in legal form; belongs first and foremost to those that paid for however, this is not the case. The decision does it.19 A denomination that financially supported not state that one party—the denomination—can a congregation’s land use may successfully make such modification. To the contrary, it requires establish a resulting trust in its favor, entitling it plural participation-meaning the denomination and to said property. By contrast, a congregation that local congregation—to have reached a mutually operated through financial independence may understood agreement. be able to fend off a denomination’s resulting trust claim. Congregations should have a working A question most courts will ask in these cases, understanding of how these principles play out in therefore, is whether the local congregation litigated disputes. consented to the trust. 19 CONCLUSION
CONCLUSION
These are new times for the United Methodist Church. Many issues presented with leaving the denomination have not been litigated previously. Therefore, it is important to consider all of the issues discussed to make sure that you take the appropriate action when leading your congregation away from the United Methodist Church.
TO LEAD YOUR CONGREGATION TO ITS NEW BEGINNING, CONTACT US TODAY.
CONTACT THE AUTHOR
Attorney Daniel P. Dalton has helped many local churches leave mainline denominations over the past decade. He is intimately familiar with the United Methodist Church, its Book of Discipline and the Trust Clause as it is applied in each state. Dalton is one of a handful of attorneys in the United States who specialize in trust clause litigation representing local churches leaving mainline denominations.
The Chrysler House 313.859.6000 719 Griswold Street, Suite 270 [email protected] Detroit, Michigan 48226 www.daltontomich.com 20
REFERENCES
1 2016 Book of Discipline, Section II. Compliance with Law, Section 25-6. Conformation with Local Law – Church Corporations, p. 736
2 Jones v. Wolf, 443 U.S. 595, 602 (1979).
3 Id.
4 2016 Book of Discipline, p. 25-26; Section 141, p. 102.
5 Id. p. 23. 25-26.
6 Id. Constitution, Section VI, p. 34-37.
7 Id. Constitution, Section II, General Conference, p. 28-31.
8 Id. Constitution, Section III, Sec. 17, Art. 1.
9 http://www.pnwumc.org/news/passed-action-of-non-conformity-with-the-general-conference-of-the- unitedmethodist-church-pnwac16/.
10 Id.
11 U.S. Const. amend. I.
12 80 U.S. 679.
13 Watson, 80 U.S. at 722.
14 Blue Hull, 393 U.S. at 449 (emphasis added).
15 Maryland and Virginia Eldership of the Churches of God v. Church of God at Sharpsburg, 396 U.S. 367, 370 (1970) (Brennan, J., concurring).
16 Id. at 603.
17 An exception is the remedial “constructive” trust. John H. Langbein, The Contractarian Basis of the Law of Trusts, 105 YALE L. J. 625, 650 (1995).
18 David A. Thomas, 3 Thompson on Real Property § 27.04(g)(1)(i) (David A. Thomas, ed., 2d ed. 2001 & Supp.2012).
19 76 Am.Jur.2d Trusts § 166 (1992).