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Twenty-six members of Waverly Hall Baptist Church the “appellees” filed suit against their church, its pastor, and three deacons collectively, “appellants”, seeking injunctive and declaratory relief. After a hearing, the trial court: 1 found it had authority and jurisdiction to address the plaintiff’s complaint; 2 ordered the non-profit church to hold a meeting in accordance with OCGA § 14-3-703; 3 set forth the items to be voted on at the meeting, including whether to retain the pastor and deacons; 4 determined who would be allowed to vote; and 5 ruled on various motions. This appeal ensued, and for reasons that follow, we affirm in part and reverse in part. Viewed in a light most favorable to the ruling below,1 the record demonstrates that Waverly Hall Baptist Church the “church” is a congregational church and a non-profit corporation, which is governed by its constitution and bylaws.2 The church is also a beneficiary of a trust valued at over $8 million. A portion of that trust is used to fund the Waverly Hall Christian Academy, a school affiliated with the church.

The church constitution requires that a pastor be elected by an affirmative vote of 75 percent of the members present. The bylaws also provide that only those members who “are in full and regular standing and do not hold letters of dismission, and such only, may act and vote in the transactions of the church.” In January 2004, a vote was held by the church membership on whether Robert Wilkerson would be elected as pastor. Of the 29 members present during the vote, 17 voted in favor of Wilkerson, 4 voted no, and 8 members abstained.

 
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