Church Law & Tax Report
March/April 1999
Feature Article
The Discipline of Nonmembers 
A Michigan court issues an important ruling-Smith v. Calvary Christian Church, 1998 WL 842259 (Mich. App. 1998) [Invasion of Privacy, Church Members,The Establishment Clause]
Articles
Recent Developments
Issues that affect ministers and churches, with Richard R. Hammar
Recent Developments in Texas Regarding Church Property 
A Texas court ruled that the members of a church that voted to dissolve could sue their pastor for fraud in connection with the disposition of the church's property.
Recent Developments in Florida Regarding Clergy Removal 
A Florida court ruled that a church board properly removed a pastor without a congregational vote.
Recent Developments in Georgia Regarding Clergy Removal 
A Georgia court ruled that the first amendment guaranty of religious freedom prevented it from resolving a lawsuit brought by a minister challenging the legality of his removal by his church.
Recent Developments in Missouri Regarding Officers, Directors, and Trustees 
A Missouri court ruled that it was prevented by the first amendment guaranty of religious freedom from resolving a lawsuit brought by ousted church officers challenging the legal validity of their removal.
Recent Developments in New Jersey Regarding Personal Injuries on Church Property or During Church Activities 
A New Jersey court ruled that a church may be liable for injuries sustained by a neighborhood child while playing on church premises.
Recent Developments in Minnesota Regarding Personal Injuries 
A Minnesota court ruled that a school district acted properly in dismissing rather than temporarily suspending an elementary school custodian for inappropriate behavior with children.
Recent Developments in Missouri Regarding Sexual Misconduct 
A Missouri court ruled that a public school board acted properly in dismissing a teacher for immoral conduct rendering him unfit to teach.
Recent Developments in South Carolina Regarding Personal Injuries 
A South Carolina court ruled that a church was not liable for injuries sustained by a person when he was attacked on church property.
Recent Developments in Oklahoma Regarding Releases 
An Oklahoma court ruled that a release signed by a skydiving student prevented him from suing a skydiving facility following an accident in which he was severely injured.
Recent Developments in Iowa Regarding Sexual Misconduct by Clergy and Church Workers 
A federal court in Iowa ruled that a woman who had been seduced by a priest could not sue her church and diocese for violating the federal Violence Against Women Act.
Recent Developments in Washington Regarding Sexual Misconduct by Clergy and Church Workers 
A Washington state court ruled that the statute of limitations prevented an adult male from suing his church and a denominational agency for injuries he suffered as a child when he was molested by his pastor.
Recent Developments in Massachusetts Regarding Sexual Misconduct by Clergy and Church Workers 
A Massachusetts court ruled that a diocese probably was not liable for the sexual molestation of a child by a priest more than twenty years ago.
Recent Developments in Florida Regarding Sexual Misconduct by Clergy and Church Workers 
A Florida court ruled that it was barred by the first amendment from resolving a woman's lawsuit claiming that she had been the victim of a priest's sexual misconduct.
Recent Developments in Wisconsin Regarding Sexual Misconduct by Clergy and Church Workers 
A Wisconsin court ruled that the statute of limitations barred an adult from suing a church and diocese for injuries he allegedly sustained as a result of a priest's acts of child molestation.
Recent Developments in Kentucky Regarding Sexual Misconduct by Clergy and Church Workers 
A Kentucky court ruled that an adult who had been sexually molested as a minor by a teacher at a parochial school could sue the diocese that operated the school for negligent hiring, supervision, and retention
Recent Developments in the District of Columbia Regarding Sexual Misconduct by Clergy and Church Workers 
A court in the District of Columbia ruled that three adults were barred by the statute of limitations from suing an archdiocese for injuries they suffered as a result of being molested by a priest when they were minors.
Recent Developments in the Connecticut Regarding Sexual Misconduct by Clergy and Church Workers 
A federal court in Connecticut ruled that the statute of limitations did not necessarily prevent an adult from suing a diocese for injuries he allegedly suffered as a minor when he was molested by a priest.
Recent Developments in the Rhode Island Regarding Sexual Misconduct by Clergy and Church Workers 
A federal court in Rhode Island ruled that the first amendment did not prevent it from resolving a lawsuit brought by victims of clergy sexual misconduct against church officials.
Recent Developments in Indiana Regarding the Taxation of Church Property 
An Indiana court ruled that a church-owned building was exempt from property taxation even though it was not currently being used for exempt purposes.
Recent Developments in Indiana Regarding Unincorporated Churches 
The Indiana Supreme Court ruled that members of an unincorporated church can sue their church for injuries they suffer on church property or in the course of church activities.