Church Law & Tax Report
September/October 2007
Articles
Recent Developments
Issues that affect ministers and churches, with Richard R. Hammar
Church Liability for the Sexual Molestation of Minors 
A recent case provides helpful guidance.
Church Property
Control of Church Property 
An Iowa court ruled that a local church that was experiencing internal problems did not enter into an enforceable agreement to transfer governance responsibilities to a denominational agency.
Church Property
Property Disputes and Bylaws 
Churches and denominational agencies can avoid church property disputes by adopting appropriate nondoctrinal language in deeds, trusts, local church bylaws, or denominational bylaws.
Clergy - Removal; Clergy Malpractice; Counseling
Counseling and Clergy Malpractice 
Most courts have rejected clergy malpractice as a basis for liability in all cases.
Sexual Misconduct by Clergy, Lay Employees, and Volunteers
Whistleblower Act and Employer Retaliation 
A Florida appeals court ruled that it was barred by the First Amendment from resolving a woman's claim under a state "whistle-blower" law.
Employment Practices; Schools; Sexual Misconduct by Clergy, Lay Employees, and Volunteers
Liability for Ex-Employees 
Churches generally cannot be liable for the acts of employees that are committed in their own residences apart from an official church activity, or after the termination of their employment.
Church Property; Zoning
Land Use Regulations 
A federal district court in Michigan ruled that a city violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) by denying a church the right to use its property for church purposes on the basis of a parking ordinance.
Church Property; Schools; Zoning
Zoning and Substantial Burden 
An Oregon court ruled that a county did not violate RLUIPA by denying a church permission to construct a parochial school on its premises.
Q&A
Q&A: Is There a Minimum Legal Age for Church Child Care Workers? 
No, but the younger the worker, the more supervision required.
Q&A: Does Our Bus Need to Be Certified? 
A "private motor carrier of passengers" must meet certain requirements.