Sunday, June 3, 2012

Effort to dismiss Grace Lutheran lawsuit denied - Leader-Telegram: Front Page

Grace in E.C. is ELCA and LCMC at the moment.
Joining another denomination is grounds for an ELCA lawsuit.
WELS did not sue St. Mark Depere  when they were members of Willow Creek's denomination.
Paul McCain and Al Barry did not sue St. John Ellisville when they were members of  WC's denomination.
Who has "fellowship principles"? ELCA.


Effort to dismiss Grace Lutheran lawsuit denied - Leader-Telegram: Front Page:


By Christena T. O'Brien Leader-Telegram staff | 0 comments
A lawsuit over the affiliation of Grace Lutheran Church in Eau Claire will continue, a Polk County judge determined Thursday.

Judge Molly GaleWyrick denied a motion to dismiss the case made by the defendants - Grace Lutheran Church-Lutheran Congregations in Mission for Christ and members of the church council.

Nearly 70 estranged members of Grace Lutheran Church filed a civil lawsuit on Nov. 29 in Eau Claire County, asking a judge to intervene in a dispute over church affiliation.

During a hearing Thursday in Eau Claire County, the judge said the defendants' latest attempts to leave the Evangelical Lutheran Church in America - votes on Feb. 26 and the night before the hearing - were clearly in violation of the spirit of a restraining order she issued in January.

The restraining order, which requires the defendants to limit church spending to ordinary and necessary expenses, remains in effect, the judge said. The order was put in place to ensure the church's money isn't improperly spent amid the dispute.

The votes came after the Synod Council of the ELCA's Northwest Synod of Wisconsin sent a letter to church officials on both sides of the issue detailing its final decision in an adjudication process resulting from the dispute - that Grace Lutheran Church immediately recognize its sole affiliation is with the ELCA, terminate its affiliation with the LCMC or any other church other than the ELCA, immediately restore full voting memberships to all members moved to associate member status since Jan. 1, 2011, and immediately recognize that anyone who meets the required criteria and who does not want to remain affiliated with the LCMC is a voting member.

In late February, the Rev. Rolf Nestingen, senior pastor at Grace Lutheran Church, said it occurred to church officials they also had the option to take another first vote to disaffiliate.

That first vote to rescind the church's affiliation in the ELCA and the subsequent vote Wednesday evening were successful. However, GaleWyrick said Thursday she didn't believe either had any legal effect.
The judge said mediation will be ordered in the case.

The congregation's first attempt to leave the ELCA, prompted by a church member's petition because he felt the denomination had been drifting from traditional Christian teachings, and join the more conservative LCMC came on April 3, 2011, and failed.

While the majority of those voting supported leaving, the vote was more than 50 ballots short of the two-thirds majority needed. Had that threshold been reached, a second vote would have been held a minimum of 90 days later to confirm the split.

The church council, shortly after that vote, voted to dual affiliate with the LCMC, an action not permitted by the ELCA, according to its officials.

Pro-ELCA members of the congregation eventually began worshiping at an ELCA synod-authorized alternative worship site at First Lutheran Church, known as Amazing Grace.

Jay Heit, the Eau Claire attorney representing Grace Lutheran Church-LCMC and the church council, argued Thursday the lawsuit should be dismissed because there aren't two Grace Lutheran entities and some of the plaintiffs have no standing to sue.

In court documents he said the "true heart of the dispute involves ecclesiastical matters in which civil courts should not become entangled."

Eau Claire attorney Drew Ryberg, who represents Grace Lutheran Church-ELCA, said the plaintiffs are asking the court to enforce the Synod Council's action.


'via Blog this'

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GJ - Here is a list of megachurches in the US. Many are non-denominational and many have no category at all. Lutherans are grouped together.

http://hirr.hartsem.edu/cgi-bin/mega/db.pl?db=default&uid=default&view_records=1&ID=*&sb=2