Church Law & Tax Report
March/April 1991
Articles
Recent Developments
Issues that affect ministers and churches, with Richard R. Hammar
Schools
Regulations for Church-Operated Schools 
Court rules that church schools must comply with state regulations.
Removal of Children from Their Homes 
A Children's Services worker was sued for negligence.
Regulations for Church Child Care Programs 
Court rules that church-run child care programs must comply with regulations.
Church Property
Failure to Pay Property Taxes 
Churches that fail to pay taxes may lose property in a tax sale.
Church Property
Church Fire Caused by Improperly Installed Organ 
Court rules that church may sue manufacturer.
Church Records
Government Inspection of Church Records 
Certain records may be available for government inspection of alleged wrongdoing.
Who Qualifies for a Housing Allowance? 
Housing allowances must be declared by a qualified organization.
Freedom of Religion
Former Hospital Chaplain Sues for Age and Sex Discrimination 
Courts are prohibited from interfering in ecclesiastical considerations.
Sexual Misconduct by Clergy, Lay Employees, and Volunteers
Denominations' Liability for Ministers' Sexual Misconduct 
A Minnesota court ruled that a denomination could be sued.
Employee Evaluations and Dismissal 
Positive evaluations can be used to support claims of wrongful dismissal.
Employment Practices
Duty to Warn Future Employers 
Should a church disclose negative information about a former employee?
Schools
Investigation of Claims of Age Discrimination 
Court rules that investigation of teacher's complaint does not violate school's rights.
Judge Orders Rapist to Attend Church 
Court rules that order is unconstitutional.
Church Property; Personal Injuries on Church Property or During Church Activities
Snow and Ice on Church Property 
Failure to clear church property can result in unexpected liabilities.
Personal Injuries on Church Property or During Church Activities
Charitable Immunity Laws 
Such a law recently prevented a church from being sued.
Charitable Contributions
Charitable Contributions for a Specific Purpose 
Court rules that donors may sue organization.
Sales Tax and Religious Organizations 
The Ohio Supreme Court recently ruled on this issue.
Jim Bakker's Fraud Convictions Upheld 
His prison sentence, however, was vacated.
Church Property; Personal Injuries on Church Property or During Church Activities
Injuries Sustained on Church Property 
A court ruled that a member of an unincorporated church could not sue.
Wills, Trusts, and Estates
Family Challenges Woman's Last Will and Testament 
The court upheld her gift to her minister.
Wills, Trusts, and Estates
Court Settles Debate Over Woman's Last Will and Testament 
The woman's family and her church both claimed a certificate of deposit.
Church Property; Zoning
Churches and Zoning Law 
A court ruled that a law prohibiting churches from meeting in commercial zones does not violate the Constitution.
Church Property; Zoning
Zoning Ordianance Ruled Unconstitutional 
A court recently made an important ruling.