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Thomas v. Johnson

The trial court deprived the plaintiff of its right to due process by prohibiting the presentation of witnesses and evidence to support its claims at the evidentiary hearing, instead limiting the hearing to argument from counsel and testimony from a defense witness and an unsworn defendant.

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Jane Thomas, as the Presiding Elder of the Sixth Episcopal District Georgia of the Christian Methodist Episcopal Church “the CME”, filed a petition for declaratory judgment and an injunction against Beulah Johnson, Marion Shannon, Jr., Thomas Howard, and Robert Hunt, seeking use and control of the Bethel Christian Methodist Church “Bethel Church”. Following an evidentiary hearing, the trial court entered final judgment in favor of the defendants. The CME appeals, and we vacate and remand the case for the reasons that follow.

In its petition, the CME, “a hierarchal religious denomination, which is organized and functions solely as a connectional church with subordinate governing districts and location churches,” alleged that for over 100 years, Bethel Church has been “a subordinated, connectional member of the national CME church,” which is “subject to the practice, procedures, rules, and regulations as stated in The Book of Discipline of the CME, and other governing documents.” The CME further alleged that Bethel Church used the name of the CME church; abided by the CME policies and customs; accepted the pastorate and literature of the CME ministers; paid conference assessments and dues to the CME; and participated and enrolled as a subordinate member of the CME at annual and quarterly conferences.1

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