Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Central St. Matthew United Church of Christ v. Atkins

Court of Appeals of Louisiana, Fourth Circuit

January 30, 2019

CENTRAL ST. MATTHEW UNITED CHURCH OF CHRIST
v.
DALE ATKINS, IN HER OFFICIAL CAPACITY AS RECORDER OF MORTGAGES FOR THE PARISH OF ORLEANS, KEEPING OUR LEGACY ALIVE, INC., AND ERNEST JONES

          APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2018-03498, DIVISION "L-6" Honorable Kern A. Reese, Judge

          Vincent James Booth BOOTH & BOOTH, APLC COUNSEL FOR PLAINTIFF/APPELLEE

          Ernest L. Jones COUNSEL FOR DEFENDANT/APPELLANT

          Court composed of Judge Terri F. Love, Judge Daniel L. Dysart, Judge Paula A. Brown

          DANIEL L. DYSART JUDGE

         This is an appeal of a trial court judgment granting a petition for a writ of mandamus in favor of plaintiff-appellee, Central St. Matthew United Church of Christ ("CSM") and ordering that the Clerk of Court for the Parish of Orleans remove a notice of lis pendens. For the reasons that follow, we affirm.

         FACTS AND PROCEDURAL HISTORY

         CSM, a non-profit religious organization, was named as a defendant in a declaratory judgment action filed on May 23, 2017 by Keeping Our Legacy Alive, Inc. ("KOLA").[1] That action was the subject of a prior decision of this Court. In Keeping Our Legacy Alive, Inc. v. Cent. St. Matthew United Church of Christ, 17-1060 (La.App. 4 Cir. 10/31/18), 2018 WL 5660143, ___So.3d___ (hereafter, "KOLA I"), the following factual background was set forth:

In the spring of 2005, Central Congregational United Church ("Central") entered into a rental agreement with St. Matthew United Church of Christ ("St. Matthews") to temporarily hold church services in a chapel at St. Matthew while Central's church building was undergoing repairs. At that time, Central owned the church building at 2401 Bienville Street, as well as several adjacent properties on Bienville Street, North Tonti Street, and Conti Street. St. Matthew owned a church on South Carrolton Avenue.
Until August 29, 2005, when Hurricane Katrina made landfall, the members of Central worshipped as their own congregation in the chapel leased from St. Matthew. But as a result of the impact from Hurricane Katrina, Central's congregation was disbursed and fewer members gathered to worship at the chapel. In October 2005, members of Central began to worship with the congregation of St. Matthew.
In September 2007, Central and St. Matthew entered into a "covenant" agreement to worship together as two congregations. By a second "covenant" agreement, Central and St. Matthew agreed to unify their congregations but maintain separate ownership of church properties.
In January 2010, Central and St. Matthew filed Articles of Incorporation with the Louisiana Secretary of State to create CSM, a nonprofit religious corporation. In October 2014, CSM filed Articles of Merger with the Louisiana Secretary of State to officially unite and merge Central and St. Matthew into the surviving corporation of CSM.
The Articles of Merger included the following provision:
At and after the Effective Time, all rights and ownership of the assets of St. Matthew and Central Congregational shall vest in CSM as the Surviving Corporation and CSM shall possess all the rights, privileges, immunities, powers and purposes of St. Matthew and Central Congregational, pursuant to La. R.S. 12:246.C and 12: 246.D.
The Articles of Merger listed the assets affected by the merger, including the church building at 2401 Bienville Street.
In December 2015, the Governing Council of CSM voted to sell the Bienville Street property. In January 2016, in response to CSM's vote to sell the property, a group of "pre-Katrina members of Central" organized and filed Articles of Incorporation to create KOLA, for the purpose ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.