Church Law & Tax Report

A recent case provides helpful guidance.

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.

Churches and denominational agencies can avoid church property disputes by adopting appropriate nondoctrinal language in deeds, trusts, local church bylaws, or denominational bylaws.

Most courts have rejected clergy malpractice as a basis for liability in all cases.

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.

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.

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.

An Oregon court ruled that a county did not violate RLUIPA by denying a church permission to construct a parochial school on its premises.