by Chap Petersen
Last Thursday, my law firm filed a First Amendment appeal with the Virginia Supreme Court to protect a small congregation in Fairfax County at risk of losing a $4 million dollar property due to an archaic legal principle favoring national denominations, which neither own nor invest in their members’ properties.
Shalom Presbyterian Church was an independent church formed by Korean-speaking immigrants in 1988.ย Soon after forming, it bought land to build a future church home. As with most small churches, the deed to that land was held in the name of “Trustees” for the congregation.
A decade later, Shalom Church joined a “regional presbytery” of Korean-speaking churches affiliated with the Presbyterian Church of the USA. They did not retitle their property. Nor did they accept any financial benefits. The engagement was merely social.
In 2007, the Trustees borrowed $2.0 million to build a new church sanctuary. The mortgage payments were solely made by the congregation, who also paid for the insurance and upkeep. The Deed of Trust only mentioned the congregation and its Trustees.
In 2016, the Trustees transferred title to a newly formed corporation, solely owned by church members. Again, the denomination had no role.













