Press Release - December 5, 2008 The Presbytery of Western New York is a local governing body of 65 member churches and is a member of the Presbyterian Church (U.S.A.), the national governing body. On Sunday, June 15, 2008 the Lancaster Presbyterian Church, a member church of the Presbytery of Western New York, in a unanimous vote by its congregation, voted to withdraw from the Presbyterian Church (U.S.A.) and to affiliate with the Evangelical Presbyterian Church. An Order to Show Cause seeking a Temporary Restraining Order was served to the Presbytery on Monday, June 16, 2008. The action by the Lancaster Church came as a complete surprise to the Presbytery since there had been no prior conversation or notification by the church. The Temporary Restraining Order sought to prevent the Presbytery from interfering with the church’s possession of the church, its property and related facilities. The basis for the church’s belief that the Presbytery would attempt to interfere with the church’s possession and use of the premises was a section of the Book of Order, the constitution of the Presbyterian Church (U.S.A.), which states, in part, that property of a member church is held in trust by that church for the use and benefit of the Presbyterian Church (U.S.A.). In response to Lancaster, the Presbytery of WNY elected an Administrative Commission consisting of seven Pastors and Lay Elders and charged them with reaching an amicable solution with Lancaster Presbyterian Church. ‘Administrative Commission’ is a general, constitutional term and refers to a committee authorized by the Presbytery to act on its behalf. Administrative Commissions are typically formed to ordain ministers, organize and merge churches, receive candidates, and visit churches. Since July the Administrative Commission has been attempting to arrange a meeting with representatives of Lancaster Presbyterian Church to facilitate Lancaster Presbyterian Church’s departure and work out amicable terms. Lancaster Presbyterian Church has steadfastly refused to meet with the Presbytery’s chosen representatives (the Administrative Commission). On October 2, 2008 both sides met with Hon. John M. Curran in a mediation session seeking a compromise that would be acceptable to both parties. After good faith negotiations by all involved, the meeting ended without an agreement. On December 4, 2008 the Hon. John M. Curran issued his ruling in favor of the Presbytery of Western NY and Presbyterian Church (U.S.A.). His ruling upheld the trust clause of the denomination. The Book of Order states, “All property held by or for a particular church, whether legal title is lodged in a corporation, a trustee or trustees, is held in trust nevertheless for the use and benefit of the Presbyterian Church (U.S.A.).” (Book of Order G-8.0200) The Book of Order goes on to state “Whenever property of, or held for, a particular church of the Presbyterian Church (U.S.A.) ceases to be used by that church as a particular church of the Presbyterian Church (U.S.A.) in accordance with this Constitution, such property shall be held, used, applied, transferred, or sold as provided by the presbytery.” (Book of Order G-8.0300) The Presbytery is confident that had Lancaster Presbyterian Church met with the Administrative Commission, this court ruling could have been avoided. We are gratified that the court has confirmed the historic and traditional position of the denomination regarding church property and regret that our brothers and sisters in Lancaster have taken this action. We regret that Lancaster Presbyterian Church took this action without ever consulting the Presbytery of Western NY and chose to take this matter to court without first attempting to seek a peaceful resolution of the issues. The Presbytery of Western NY, through its Administrative Commission continues to be ready, willing, and able to meet with representatives of Lancaster Presbyterian Church to facilitate their graceful departure from the denomination.
| 
