From: Darrell128@aol.com Date: Tue, 8 Oct 1996 04:44:30 -0400 (EDT) NR #1996-106 $600,000 Christian Reformed Lawsuit Settled After Longstanding Dispute with Seceding Hamilton Church Over four years after the council of the Mt. Hamilton Christian Reformed Church decided to lead its congregation out of its federative relationship with the CRC, the two churches that reorganized in the wake of that decision have finally reached an agreement on the division of assets, thus dismissing a $600,000 filed by the Mt. Hamilton CRC against the seceders. Since September of 1992 the two groups have been locked in a bitter battle, during which time lawsuits were filed costing thousands of dollars in legal fees and countless hours of time and energy were burned to force the hand of one or the other side. At a joint meeting held in Hamilton on September 9, the first of three meetings organized in an attempt to reach a resolution, the two sides resolved to settle the assets, withdraw all legal claims, guarantee that there would be no further action by either side, and make "provision for joint meetings to bring a sense of resolution." The two sides also agreed not to discuss the matter publicly, but to publicize the "agreement" through an official statement prepared by the mediator in the dispute, Dr. Justin Cooper, President of Redeemer College. Cooper volunteered his services to help the two sides attempt to resolve their differences out of court. NR #1996-106: For Immediate Release $600,000 Christian Reformed Lawsuit Settled After Longstanding Dispute with Seceding Hamilton Church by John Van Dyk, Managing Editor, Christian Renewal with files from 1993 and 1995 reports c 1996 Christian Renewal Distributed by United Reformed News Service Editor's Note: The text following is copyrighted by Christian Renewal but available for reprint in whole or in part provided that proper acknowledgement is given. HAMILTON, Ontario. (October 7, 1996) URNS - Over four years after the council of the Mt. Hamilton Christian Reformed Church decided to lead its congregation out of its federative relationship with the CRC, the two churches that reorganized in the wake of that decision have finally reached an agreement on the division of assets. Since September of 1992 the two groups have been locked in a bitter battle, during which time lawsuits were filed costing thousands of dollars in legal fees and countless hours of time and energy were burned to force the hand of one or the other side. At a joint meeting held in Hamilton on September 9, the first of three scheduled meetings organized in an attempt to reach a resolution, the two sides resolved to settle the assets, withdraw all legal claims, guarantee that there would be no further legal action by either side, and make "provision for joint meetings to bring a sense of resolution." The two sides also agreed not to discuss the matter publicly, but to publicize the "agreement" through an official statement prepared by the mediator in the dispute, Dr. Justin Cooper, president of Redeemer College in Ancaster, Ontario. Cooper volunteered his services to help the two sides attempt to resolve their differences out of court. According to a source, the division of assets gives the Mt. Hamilton CRC sole ownership of the church building. The Hamilton Independent CRC gains possession of the parsonage, a section of property in back of the church, and a cash settlement. The church may also rent the church building under the agreement for the next two years. One member of the Hamilton Independent CRC said the mood of the congregation in response to the resolution was mixed. "It's too bad it took so long to do so little," said the member. "Some people are discouraged and disappointed with the settlement. But I think we're all just glad it's done and now we can get on with being church." The desire to "get on with being church" was seriously hindered by a series of lawsuits filed by the Mt. Hamilton CRC against the officebearers of the 1992 council who attempted to lead the congregation out of the CRC. The first court action was an injunction placed on the council at the time from holding a congregational meeting to settle the assets following the church split. The second court action was a request by the Mt. Hamilton CRC council that the court determine who controls the assets of the church. When this court decision failed to produce a favorable conclusion, the council then decided to sue the 22 members of the 1992 council for the sum of $600,000 for, in part, "conspiring to injure the plaintiffs and all other members of the Mt. Hamilton CRC and all members who were driven from this church on or before the 30th of June 1992." In response to this action, the 1992 consistory sought redress of its own through the courts. The Mt. Hamilton CRC lawsuit alleged that a "conspiracy" began in the church and was carried out by the council, "when Raymond Sikkema was hired as pastor of Mount Hamilton in or around 1981. Since 1981," the plaintiffs alleged, "the defendants, under the leadership of Raymond Sikkema, conspired with persons unknown to subvert and undermine the unity of the Church." The suit stated the "defendants used their positions of trust within the Church to promote ideology and methods contrary to the Church Order and to the Form of Subscription to which every church officebearer must subscribe." The purpose of the "conspiracy," the plaintiffs argued, was to "drive out of Mount Hamilton confessing members of the denomination, in order that the defendants could take the trust property and keep it for their own purposes." To further their ends, the plaintiffs say the "defendants used fear and intimidation and other overt acts," which included: * withholding ministry shares, "a form of tax imposed by the denomination to pay for the charitable works of the church, from the denomination"; * using the issue of women in office "to drive a wedge in the congregation of Mount Hamilton and to further their plan of gaining control of the church assets"; * voting to close the pulpit "to all ministers who would not confess to being opposed to this extension of ecclesiastical office to women, in "a further attempt on the part of the defendants to isolate the congregation from its denominational ties"; * silencing members of the congregation who objected to decisions of Council, and urging them "to leave the church and worship elsewhere"; * attempting in April 1992 "to pass a by-law which would give them control over the trust property of the Corporation in violation of the church order and in violation of the terms of the trust"; * threatening to discipline "those members of the congregation who stood in the way of the conspiracy." The initial reaction to the lawsuit on the part of the officebearers listed by name was one of shock. Elder John Klyn-Hesselink, chairman of the council at the time of the church split in 1992, told Christian Renewal in 1995 that he received a sheriff at the door of his home around supper hour on a Wednesday evening in February, just prior to a called meeting of the "Board of Directors" - the council of the church before the split. Prior to the 1995 lawsuit, the Mount Hamilton Independent CRC council offered the leadership of the continuing CRC what it considered - and the courts agreed to be - "a fair and equitable settlement" based on the CRC's own guidelines recommended by Synod 1970 for just such a situation. The assets include the church building with a large parking lot, 2-1/2 acres of land behind the church, and a parsonage near the church. In 1993, Klyn-Hesselink said the Hamilton Independent CRC offered the minority remaining in the CRC two packages: the building with the parking lot and the liabilities (an addition to the church was built a few years ago) or the 2-1/2 acre parcel of land, the parsonage, and a monetary sum of approximately $250,000. However, the leadership of the Mount Hamilton CRC was adamant that they were the sole owners and controllers of the assets, which have been assessed at $2.2 million. Instead, the Mount Hamilton CRC offered "a gift" of approximately $100,000 to the independent church based on a figure per person, an amount well below what could reasonably be argued to be "fair and equitable." Along the way there was also an attempt by the Mt. Hamilton CRC consistory to "lapse the memberships" of those now worshipping independent of the CRC in another attempt to gain sole control of the church assets. Perhaps realizing that the situation was out of control, the two sides began to sit down with advisors, ministers from both sides, in an attempt to come to a resolution of the matter. According to an article in the May 15, 1995 issue of Christian Renewal [reference United Reformed News Service NR #1995-037], the basic point of the dispute was the "authority" of the council to call a meeting in an effort to lead the congregation out of the CRC. The council claimed it was duly exercising the privilege of its office. The dissenting group claimed, backed by Classis Hamilton of the CRC, that the council had "de facto" forfeited its right of office when it made the decision to leave the CRC> Although the point of dispute remains unresolved, both sides, by accepting the agreement signed on September 9, 1996, have agreed to leave the matter unsettled and "get on with the task of being church." As they stand now, the Mt. Hamilton CRC counts 63 families and 221 people among its total membership, according to the 1996 CRC Yearbook. The Hamilton Independent CRC claims 93 families and 366 people among its membership, according to the February 1996 Directory of the Alliance of Reformed Churches. Cross-References to Related Articles: #1993-050: Battle over Christian Reformed Church Property in Hamilton Continues Despite Seceder Victory in Canadian Court #1995-037: Mt. Hamilton CRC Files $600,000 Lawsuit for Control of Church Building Following Second Defeat in Ontario Courts #1996-107 Text of Statement of Joint Meeting of the Mt. Hamilton Christian Reformed Church and Hamilton Independent CRC Contact List: Dr. Justin Cooper, President, Redeemer College 777 Hwy. 53 East, Ancaster, ON L9K 1J4 O: (905) 648-2131 * FAX: (905) 648-2134 Rev. Henry De Bolster, Interim Pastor, Mt. Hamilton Christian Reformed Church 15 McNiven Rd., Ancaster, ON L9G 3T3 H: (905) 648-4969 * FAX: (905) 648-2134 Dr. David Engelhard, General Secretary, Christian Reformed Church in North America 2850 Kalamazoo Ave. SE, Grand Rapids, MI 49560 O: (616) 246-0744 * H: (616) 243-2418 * FAX: (616) 246-0834 Elder John Klyn-Hesselink, Hamilton Independent Christian Reformed Church 241 Stone Church Road East, Hamilton, ON L9B 1B1 H: (905) 387-3548 Rev. Ray Sikkema, Pastor, Hamilton Independent Christian Reformed Church 1411 Upper Wellington St., Hamilton, ON L9A 3S8 O: (905) 383-8315 * H: (905) 389-7821 ------------------------------------------------ file: /pub/resources/text/reformed: nr96-106.txt .