Church Law & Tax Report
March/April 2000
Feature Article
Lead-Based Paint on Church Property 
The legal implications.
Articles
Recent Developments
Issues that affect ministers and churches, with Richard R. Hammar
Church Property - Part 1 
An Arkansas court ruled that a neighboring landowner had a legal right to use a roadway across church property to access a public road.
Clergy—Income Taxes 
The Tax Court ruled that a minister was not exempt from Social Security because his exemption application was filed too late.
Confidential and Privileged Communications
Confidential and Privileged Communications - Part 1 
The Iowa Supreme Court ruled that a conversation that a rapist had with a minister on the day of the rape was not protected by the clergy-penitent privilege.
Constitution, Bylaws and Charters 
A District of Columbia appeals court ruled that it was prohibited from resolving a lawsuit brought by members of a church claiming that the board of trustees breached its fiduciary duties by authorizing an interest-free loan to the pastor
Defamation - Part 1 
A New York court ruled that the first amendment prevented it from resolving a lawsuit brought by a minister claiming that he had been defamed by statements made about him.
Employment Practices - Part 1 
A Washington state appeals court ruled that a city's nondiscrimination law could not be applied against religious organizations.
Insurance 
A Louisiana court ruled that a minister who cancelled his health insurance shortly before leaving his position as a seminary professor was not entitled to continued health insurance coverage.
Sexual Misconduct by Clergy and Church Workers - Part 1 
A California court ruled that a school was legally responsible for a teacher's acts of child molestation, but that a jury erred in finding the school to be 100 percent at fault.
Taxation—Church Property 
The Minnesota Tax Court ruled that a church-owned rectory was exempt from property tax even though it was no longer occupied by the parish priest.
Church Property - Part 2 
A New York court ruled that the property of a church that voted to disaffiliate from a parent denomination belonged to the denomination rather than the local church.
Church Property - Part 3 
A New York court ruled that a denominational agency was not legally responsible for injuries sustained by a woman on a local church's property.
Confidential and Privileged Communications - Part 2 
A North Carolina court ruled that a minister who served as a volunteer chaplain to a sheriff's department could testify in a murder trial concerning statements made to him by the defendant.
Constitution, Bylaws and Charters - Part 2 
A Rhode Island court ruled that a church's removal of its board of directors and election of a new board in violation of its bylaws could not be challenged.
Constitution, Bylaws and Charters - Part 3 
The Kansas Supreme Court ruled that a church-affiliated hospital's "dissolution clause” was not triggered by the hospital's sale of its assets, and therefore the sales proceeds did not belong to the church.
Defamation - Part 2 
A Georgia court ruled that a $3 million judgment against certain church members for defaming other members of the congregation was not excessive.
Employment Practices 
A California court ruled that the first amendment prevented it from resolving a lawsuit brought by an ordained chaplain who claimed that she had been discriminated against by her employer.
Sexual Misconduct by Clergy and Church Workers - Part 2 
An Ohio court ruled that a church could be liable as a result of the molestation of several young children by two adolescent boys who served as volunteer teachers and caregivers.
Sexual Misconduct by Clergy and Church Workers - Part 3 
A South Carolina court ruled that an adult woman who claimed that she had been molested as a child at a church-operated preschool was not barred by the statute of limitations from suing the church.
Sexual Misconduct by Clergy and Church Workers - Part 4 
A Maryland court ruled that a church and denominational agency were not liable for the injuries sustained by a woman who was seduced by a pastor.