County court rules in favor of Hudson Presbyterian Church

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by Lauren Krupar

Reporter

Hudson -- Hudson Presbyterian Church, which voted last year to disaffiliate with The Presbyterian Church of the United States of American, owns its property and assets, ruled a judge last week.

Summit County Magistrate John Shoemaker ruled Oct. 23 that the two deeds, tangible property and intangible property are the property of Hudson Presbyterian Church.

"Together, as a united congregation, we shall continue to worship and base our ministry at 201 W. Streetsboro Street, and we will joyfully pursue our mission," church officials said.

The court ruled the claim of Eastminster Presbytery to own all property of the church "failed by a considerable margin for want of proof." Also, the court ruled The Presbyterian Church of the United States "failed to establish that it has any ownership interest."

Attorneys for Eastminster did not return phone calls.

The ruling ends more than a year of court procedures in the Summit County Court of Common Pleas. On Sept. 28, 2006, the Hudson church filed a complaint for declaratory judgment against Eastminster Presbytery, which was described in court documents as a "regional representative body" of The Presbyterian Church (USA). It asked for the court to rule the property at 201 W. Streetsboro St. as belonging to the local church.

On Nov. 5, 2006, members of the Hudson Presbyterian Church voted 161-61 in favor of disaffiliation.

Eastminster Presbytery officials argued they had an interest in the real estate based on an assertion of a trust right detailed in "The Book of Order, Constitution of the Presbyterian Church," according to court records.

However, the court found the evidence "fails to establish" that Eastminster Presbytery had any legal ownership of real or personal property at issue.