Kirk deal no longer is certain

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The denomination wants a final written judgment from the court before agreeing.

The agreement reached would allow the church to buy the building and property from the presbytery for $1.75 million. Stephen Pingry/Tulsa World file

By BILL SHERMAN World Religion Writer
Published: 10/24/2008 2:14 AM
Last Modified: 10/24/2008 2:14 AM

The denomination wants a final written judgment from the court before agreeing.

A settlement that was expected to end a two-year dispute over the ownership of the Kirk of the Hills Presbyterian property could be in jeopardy.

As first reported on tulsaworld.com, the Presbyterian Church (USA) notified attorneys with the church and the Eastern Oklahoma Presbytery this week that it will not sign off on their settlement until a Tulsa County district judge signs and files a written final judgment that the property belongs to the denomination and the presbytery.

"We are extremely upset by this latest development," Kirk of the Hills attorney Tim Trump said. "To put it bluntly, we have been deceived."

The fight for ownership of the land began two years ago when the church left the denomination. Tulsa County District Judge Jefferson Sellers ruled last month in an oral statement from the bench that the property belonged to the denomination and the presbytery. That decision, however, has never been filed as a formal order agreed upon by both parties.

Since then, the church and the presbytery have reached an agreement that the church would buy back the property at 4102 E. 61st St. for $1.75 million and that both sides would drop all litigation. The congregation approved the

deal Sunday night by a vote of 508 to 483.

"It could be a deal breaker; we just don't know," Kirk co-pastor the Rev. Tom Gray said of the latest development. "Our attorneys are working on it. I'll know more" Friday.

John O'Connor, another attorney for the church, said talks were continuing Thursday to clarify the matter. He said that when church members were given the terms of the agreement to consider, having a formal judgment by the court was not one of them.

Trump said the church was given written and oral assurances that the denomination was in agreement with the settlement, which was done in good faith and took "an incredible amount of time and effort."

"It now seems that the PC- USA never intended to honor its commitment to the presbytery or the Kirk. It has been a colossal waste of time," he said.

Attorneys for the Presbyterian Church (USA) and the Eastern Oklahoma Presbytery did not return phone calls seeking comment Thursday afternoon.

Bill Sherman 581-8398
bill.sherman@tulsaworld.com

By BILL SHERMAN World Religion Writer

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Tasia, (last year)

In another time and place, my grandfather,and the other members, of their church went to that state's Supreme court, to claim the land,and church that belong to them,They won,now over 100 years later, it belongs to their decendents.

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Okie Dutch, Tulsa (last year)

So the Presbytery wants a final court judgement that they do own the property before they honor their own settlement agreement? That would amount to a citable precedent that national synods and councils, rather than the worshipers who actually build the buildings and pay the mortgages, are legal owners.

That should help keep future dissidents in line, by golly. I wouldn't blame the Kirk if they withdrew their agreement and continuing the suit. A sad day.

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