Church Loses Legal Battle, May Lose Property

NewsOn6.com

TULSA, OK - A prominent South Tulsa church has lost a lengthy legal battle and may have to leave its current location.

On Tuesday, Tulsa County district judge Jefferson Sellers ruled in favor of the Eastern Oklahoma Presbytery in a lawsuit involving Kirk of the Hills church, located at 4102 East 61^st Street in Tulsa.

In August 2006, Kirk of the Hills church members voted overwhelmingly to back the decision of their pastor, Dr. Thomas Gray, to sever ties with the nation's leading Presbyterian denomination, the PCUSA.  PCUSA is made up of more than 11,000 congregations.

The congregation also voted at that time to join the more conservative evangelical branch, EPC- Evangelical Presbyterian Church.

The vote came after national leaders decided to allow local churches the option of setting aside ordination requirements that prohibit gay ministers.

A dispute arose over who held the title to the church's 92,000 square-foot building and eight-acre property.  The church had hoped to retain the south Tulsa property claiming they had bought and paid for it.  

According to a news release, Kirk of the Hills paid for the property over the last four decades and the deeds are in the Kirk Corporation's name.  But a provision inserted into the denomination's constitution provides that the denomination holds a trust interest in the property of a local church, even when the local church bought and paid for the property.

The church filed lawsuit asking for the title to be turned over, but a judge ruled against Kirk of the Hills on Tuesday. The church has indicated it will appeal the ruling.

"We are disappointed by this decision, but not surprised.  We are hopeful that the Oklahoma Supreme Court will correct this injustice," said Kirk of the Hills co-pastor Tom Gray.  "All we have wanted was to keep the property we purchased and have considered our home for worship, teaching and fellowship for many decades."

Local PCUSA leaders had expressed dismay at how the situation had been handled saying in a past statement, "This is a spiritual matter and a church matter... they've denied the authority of the Presbyterian Church.  We have a church court system and they've denied their accountability to that system."

Judge Jefferson Sellers stayed the effect of the decision for 20 days to allow the parties to discuss issues related to the appeal process.  Kirk of the Hills said Tuesday it would find another place to worship while the appeal is pending if necessary.

According to a news release from Kirk of the Hills, the church has a congregation of 2,400 members and 175 families have children who attend the Kirk of the Hills Preschool.

Kirk of the Hills is one of 24 churches which has left the PCUSA denomination to join the EPC (Evangelical Presbyterian Church).