Church Law & Tax Report
January/February 2001
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Articles
Recent Developments
Issues that affect ministers and churches, with Richard R. Hammar
Clergy - Removal
Court Rules Members Had Legal Authority to Retain or Remove Pastor
An Indiana court ruled that a majority of a "congregational" church's members had the legal authority to determine whether or not to retain their pastor.
Clergy—Removal - Part 2
A Georgia court ruled that it was prevented from resolving a pastor's claim that denominational rules were violated when he was transferred to a new parish.
Clergy—Removal - Part 3
A Pennsylvania court ruled that a church board lacked the authority to remove a pastor because the church was "hierarchical" in nature.
Embezzlement
A North Carolina court affirmed the conviction of a pastor for obtaining church funds by false pretenses.
Employment Practices - Part 1
An Ohio court ruled that a church school had not violated age discrimination law by dismissing an unmarried male teacher and female teacher who were living together.
Employment Practices - Part 2
The Rhode Island Supreme Court ruled that a church was not liable on the basis of negligent supervision or negligent retention for harassing telephone calls made by its janitor.
Freedom of Religion
A federal appeals court ruled that a religious group could not use public school property for religious services because the property was not a "public forum.”
Personal Injuries on Church Property or During Church Activities
An Oregon court affirmed the criminal conviction of a man for "stalking" a woman on church property.
Unincorporated Churches
A Colorado court ruled that an officer of a nonprofit unincorporated association was not personally liable for compensation that the association had failed to pay to former employees.
