Church Law & Tax Report
July/August 2004
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Feature Article
Articles
Recent Developments
Issues that affect ministers and churches, with Richard R. Hammar
Child Abuse Reporting
A New York court ruled that a school principal and counselor could be personally liable for failing to report suspected child abuse to state authorities.
Child Abuse
A Tennessee court ruled that a church was not liable for a former minister's acts of child molestation.
Privacy
A federal court in New York ruled that an employer did violate an employee's "right of privacy" by inspecting his office computer and email.
Church Business Meetings
A Washington court ruled that a church's election of new board members was legally invalid.
Church Property - Part 1
A Michigan court ruled that a regional church had the legal authority to control the property of a local church that attempted to disaffiliate.
Church Property - Part 2
A Missouri court ruled that a "restrictive covenant" contained in the deed to church property prevented a church from building a parking lot.
Clergy—Selection
A New York court ruled that a denominational agency could not interfere with a church's selection of a pastor or the management of its affairs.
Counseling
Woman Sues Church Elders for Advice She Received
Court ruled church elders could not be sued for their advice to a woman to remain with her abusive husband.
Officers, Directors, and Trustees
A New York court ruled that the officers of a nonprofit organization violated their fiduciary duties and could be removed from office.
Personal Injuries on Church Property and During Church Activities
A Florida court ruled that members of a school's board of directors were not personally liable for injuries caused by the negligent driving of a minor.
Reference Letters
The Indiana Supreme Court ruled that a religious organization could not be sued for giving a negative reference on a former employee.
Sexual Misconduct by Clergy, Lay Employees, and Volunteers - Part 1
An Ohio court ruled that a denominational agency was not liable on the basis of negligence for a pastor's sexual misconduct.
Sexual Misconduct by Clergy, Lay Employees, and Volunteers
An Ohio court ruled that an employer could not be responsible for a former employee's acts of child molestation.
Sexual Misconduct by Clergy, Lay Employees, and Volunteers - Part 3
A Texas court ruled that a regional church was not liable for a pastor's sexual molestation of three minors.
Sexual Misconduct by Clergy, Lay Employees, and Volunteers - Part 4
A Kentucky court ruled that a husband whose marriage was ruined as a result of an ongoing sexual relationship between his wife and the pastor of his church could not sue the pastor or his church.
Sexual Misconduct by Clergy, Lay Employees, and Volunteers - Part 5
A Tennessee court ruled that the statute of limitations barred a former youth pastor from suing his former church.
Social Security
A federal appeals court issued a ruling suggesting that ministers who opt out of Social Security will not be able to claim years later that they qualify for Social Security retirement benefits.
Taxation—Church Property
A Tennessee court ruled that a church-owned home did not qualify for exemption from property taxation.
Zoning - Part 1
A Washington court ruled that a county zoning board did not violate the First Amendment by denying a denominational headquarters the right to build.
Zoning - Part 2
A Pennsylvania court ruled that a commercial child care center was a permissible "accessory use" of church property under the zoning ordinance.
Zoning - Part 3
A federal court in New York ruled that a city's refusal to issue a special use permit to allow a religious day school to expand its facilities violated federal law.
Securities
A federal court found several "elders" of a religious ministry personally liable for securities fraud.
