Members of church sued individual defendants and another church for declaratory relief and forcible detainer. After bench trial, court entered a detailed order finding that there was no properly constituted board of directors and no properly elected or appointed officers for Plaintiffs' church, and that Plaintiffs and Defendants have an equal right to possession and control of Plaintiffs' church property pending election of a duly constituted board of directors. Court properly applied neutral principles of law in its findings, and court specifically refused to issue an opinion as to who is the rightful pastor because that question is religious in nature.Church submitted itself to authority of the General Not For Profit Corporation Act when it filed its first set of articles of incorporation.(CUNNINGHAM and HARRIS, concurring.)
Illinois Appellate Court
Civil Court
Jurisdiction