Bethlehem Missionary Baptist Church BMBC, an unincorporated congregationalist church, does not have any by-laws or a constitution. When a dispute arose among church members regarding who should serve as the pastor, Deacon Robert Barton and others Appellees filed suit, seeking declaratory and injunctive relief against Reverend Willie Bolden and his supporters Appellants. After conducting a hearing, the trial court ordered an election to determine whether Reverend Bolden should continue as the church’s pastor. A list of those BMBC members eligible to vote in the election was compiled by the parties based upon criteria established by the trial court. Appellants filed an appeal from the trial court’s order, which is directly appealable as the grant of mandatory injunctive relief. OCGA § 5-6-34 a 4; Bruce v. Wallis , 274 Ga. 529, 532 1 556 SE2d 124 2001. 1. Appellants contend that the trial court lacked jurisdiction to address the dispute. “The jurisdiction of the court to entertain the complaint, as well as the theory upon which relief is sought, are matters dependent upon the main and material allegations of the pleadings.” Owen v. Cobb County , 230 Ga. 707, 708 198 SE2d 846 1973, overruled on other grounds, Riverhill Community Assn. v. Cobb County Bd. of Commissioners , 236 Ga. 856, 857 3 226 SE2d 54 1976. With specific regard to church disputes, “a court of equity will not interfere with the internal affairs of a religious organization, when no property rights are involved; for the reason that civil courts have no jurisdiction of such matters and cannot take jurisdiction of them. . . .” Cit. Gervin v. Reddick , 246 Ga. 56, 59 5 268 SE2d 657 1980. Here, the trial court found that “a dispute has arisen over control of church property, including the role of the present Pastor, Reverend Willie Bolden, to control the pulpit and give direction regarding church property.” However, the allegations of the complaint do not expressly assert the existence of competing claims over church property, but focus instead entirely upon the controversy regarding Reverend Bolden’s continued service as pastor. Compare Holiness Baptist Assn. v. Barber , 274 Ga. 357 552 SE2d 90 2001 ejectment from church property; Sanders v. Edwards , 199 Ga. 266 34 SE2d 167 1945 continued possession of church property by dismissed pastor; Pritchett v. Wesleyan Pentecostal Church , 265 Ga. App. 565 594 SE2d 750 2004 suit to recover church funds and property; Howard v. Johnson , 264 Ga. App. 660 592 SE2d 93 2003 suit regarding the handling of church funds and property. Thus, the complaint fails to invoke the trial court’s jurisdiction over a civil, as opposed to an ecclesiastical, matter.
“When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings.” OCGA § 9-11-15 b. Notwithstanding the trial court’s order, a review of the transcript of the hearing held in this case does not show any evidence to authorize a finding that the dispute over the pastorate directly impacts control over the property of the church. Instead, it appears that Appellees and the trial court have proceeded on the assumption that the disagreement between the factions over Reverend Bolden’s status implicitly implicates control over church property and, thus, is sufficient to confer jurisdiction on the judiciary to resolve the controversy. However, an allegation of the existence of a dispute over who should be the pastor, without more, does not confer jurisdiction on the courts to address and rule on the matter. See Knowles v. White , 199 Ga. 772, 773 2 35 SE2d 451 1945.
