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Kirk of the Hills Legal Docs
PRESBYLAW - Kirk of the Hills Court Fight
Tracking the PC USA troubles.
Other Presbylaw Pages
Here Comes The Judge!
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Tulsa District 11 Judge: Jefferson D. Sellers He is also handling the lawsuit against "OK-HB-1804" which punishes those who aid and abbet illegal immigrants, like landlords, employers. He is one of 14 District Judges for Tulsa County with 18 appointed "Special Judges" and 1 Associate District Judge. The District Judges and Associate Judges are elected. Special Judges are hired. All elected Judges in Oklahoma run as nonpartisan. |
Issues Before the Court
Official Court Docket
| Date | Who | Issue | Status |
| Aug 16, 2006 | Kirk of the Hills Corp. vs PCUSA/EOP | Breach of Contract | EOP |
| May 29, 2007 | EOP of PC vs Kirk Corp. | CC #1 - Enforcement of Administrative Commission Report | disposed |
| May 29, 2007 | EOP of PC vs Kirk Corp. | CC #2 - Declaratory Judgement | granted |
| May 29, 2007 | EOP of PC vs Kirk Corp. | CC #3 - Breach of Fiduciary Duty | dropped |
| May 29, 2007 | EOP of PC vs Kirk Corp. | CC #4 - Breach of Contract | dropped |
Kirk of the Hills News Stories
Court Events
| Date | Description |
| Mon Oct 23, 2005 14:00 | Motion to Produce Records, Motion for Stay |
| Thur April 12, 2007 09:30 | EOP's Motion to Compel |
| Thur Sep 20,2007 09:00 | Motion to Compel |
| Thur Dec 20, 2007 | Motion to Compel |
| Thur, Aug 28, 2008 9:00 AM | Hearing on Summary Judgements |
Legal Documents
Kirk's website has more legal documents: • Part 1 • & Part 2
Let's look at these together. Feel free to post comments. I add summaries to each document link, including your evaluations.
Interesting Quote: Kirk's Sur-Reply: "The very simple key to resolving the entire case is disaffiliation."
Interesting Quote: Kirk's Brief: "This Court should not be duped by the Defendant's litigation tactics."
Interesting Quote: EOP brief 1: "Kirk's Shell game" (Corp and Church separate).
- Kirk's Petition to the Court - Aug 16, 2006 • → Presbylaw's Combined Petition & Response
- Parties (EOP,PCUSA,Kirk Corp)
- Facts Supporting Claims
- 5-Kirk of the Hills is a corporation
- 6-26 Kirk Bought Property A, B, C, & Personal
- EOP/PCUSA have no legal, equitable or other interest in Kirk Property
- 27-32 Rev. Ann Brizendine Affidavit of Trust on Kirk Property, Mar 6, 2006
- 33-39 No trust or revoked
- 40 - Kirk has Authority to buy sell, & manage, Property of Kirk
- 41 - BOO is not governing
- Declaratory Relief
- No Trust
- Attorney Fees and Costs
- Other Just and Proper Relief
- Quiet Title
- PCUSA's Response - Dec 18, 2006 • → Presbylaw's Combined Petition & Response
- Parties (EOP,PCUSA,Kirk Corp)
- Facts Supporting Claims - Denied
- Declaratory Relief - Denied
- Quiet Title - Denied
- Affirmative Defenses
- Constitution of the Presbyterian Church (U.S.A.)
- Administrative Commission
- Hierarchical Deference
- Counterclaim
- Declaratory Judgment
- Breach of Fiduciary Duty
- Prayer For Relief
- Dissmis Kirk's Petition
- Declare Trust Exists
- Kirk pays Rent, Damage, Decress of Value.
- Convey Property to PCUSA
- Attorney's Fee and Costs, & Other Relief
- Kirk's Motion for Summary Judgment with Exhibits - Jan 22, 2007 • → Text Version
- Introduction
- Statement of Uncontroverted Material Facts
- Standards for Summary Judgment
- Arguments and Authorities
- This Court has jurisdiction to consider Plaintiff's claims
- This Court does not have jurisdiction to consider PC(USA)'s claims
- Plaintiff Corporation is entitled to judgment quieting its title to its real properties
- Plaintiff Corporation is entitled to judgment declaring its ownership of its personal property
- Plaintiff Corporation has not breached its fiduciary duty and is entitled to judgment on the counterclaim
- Plaintiff Corporation has rights under Oklahoma law
- Plaintiff Corporation is distinct from the Kirk of the Hill Church
- Plaintiff Corporation is not a member of PC(USA) or EOP
- Plaintiff Corporation is entitled to due process of law as to its properties
- Cimarron does not apply
- Conclusion
- Exhibits
- Exhibit A, "Articles of Incorporation"
- Exhibit A², "Certificate of Incorporation"
- Exhibit B, "Affidavit of Kyle Travis"
- Exhibit C, "Plat of Property"
- Exhibit D, "The Presbyterian Family Connections"
- Exhibit E, "Book Of Order 2005/2007 Excerpts"
- Exhibit F, "Affidavit of Rev. Ann Brizendine"
- Exhibit G, "Quit-Claim Deed Feb 8, 1969"
- Exhibit H, "General Warranty Deed March 14, 1978"
- Exhibit I, "Quit-Claim Deed Sept 8, 1995"
- Exhibit J, "Amended and Restated Certificate of Incorporation"
- Exhibit K, "Corporation Bylaws"
- Exhibit L, "Unanimous Consent to Action Taken in Lieu of a Special Meeting"
- Exhibit M, "Trustee Meeting Minutes, Tues, Aug 15, 2006"
- Exhibit N, "Companion to the Constitution"
- Exhibit O, "Affidavit, Glenn Elliott, Corporation Secretary"
- Exhibit P, "Affidavit, Lindsay H Fick, Clerk of the Session"
- Eastern Oklahoma Presbytery's Request for Documents - Feb 5, 2007 • → Text Version
- Definitions
- Instructions
- Interrogatories - #6
- Identify members (Jan 1 2005, Jan 1 2006, Aug 1 2006, Jan 1 2007
- Identify Personal Property
- State Factual Basis for EOP/PCUSA has no authority or interest in Property
- State Factual Basis for Renounced or Terminated
- Identify Lenders... with interest in Property
- Identify Other Parties with interest in Property
- Request for Production - #94
- 1-2 Supporting Documents for Responses
- 3-13 Property Documents, Acquisition, Financing, Communication, Insurance, Title Opinions
- 14-15 Correspondence w/ EOP/PCUSA Jan 1, 2001-present
- 16-18 Certificate of Incorporation, Articles of Incorporation, Bylaws from 1961 to present & amendments
- 19-20 Employment Agreements: Tom Gray & Wayne Hardy
- 21 Membership Lists, Jan 1, 1961 to present.
- 22-26 List of Shareholders, Elders, Directors, Trustees, Officers of Kirk Corp.
- 27-56 Lists of Members, Shareholders, Elders, Directors, Trustees, Officers of Kirk of the Hills (United/Presbyterian) Church.
- 57-62 Lists of Members, Shareholders, Elders, Directors, Trustees, Officers of Kirk Foundation.
- 63-90 Minutes of Session, Cong Meeting, Shareholders, Elders, Trustees, Officers, Directors of Kirk of the Hills (United/Presbyterian) Church/Corp.
- 91-94 Property Documents - Mortgage, Pledge, Security
- EOP's Administrative Report of Kirk of the Hills - Mar 6, 2007
- Stated Supply Pastor & Moderator Appointed by EOP COM Aug 25, 2006
- Kirk is in Schism
- Pastors and Session violated PCUSA constitution by changing Articles and Bylaws.
- Kirk is stifling opposition
- PCUSA's Brief - In Support of Counter Motion for Summary Judgment - April 18, 2008
- Cimarron has not been overruled
- Oklahoma is a hierarchical deference state
- PCUSA is "Hierarchical"
- EOP's Brief 1 - In Support of Motion for Summary Judgment - April 25, 2008
- Cimarron has not been overruled
- Oklahoma is a hierarchical deference state
- PCUSA is "Hierarchical"
- Exhibits
- A - Administrative Commission Report on Kirk Mar 6, 2007
- B - Tom Gray Blog Comment 5:11 Aug 27, 2006
- Background Info - Called meeting of EOP - Sept 5, 2006
- Book of Order
- M - Tom Gray Blog Comment 3:11 Aug 27, 2006
- V - Tom Gray Blog Comment Aug 5, 2006
- VV - EOP Meeting March 2, 1999
- WW- EOP Meeting March 5, 2002
- EOP's Brief 2 - Sur-Reply in Opposition to Plaintiff's Motion for Summary Judgment - April 25, 2008
- Summary
- Cimarron has not been overruled
- Oklahoma is a hierarchical deference state
- PCUSA is "Hierarchical"
- Substantial Controversy
- Kirk's Vote To Sever Relationship?
- Kirk Corp is separate from Kirk Church?
- PCUSA is a predecessor?
- EOP's Failure to Controvert Facts?
- Arguments
- Original Articles of Incorporation & Bylaws create a perpetual relationship.
- OK T18-S1127 cannot reduce liability by change in Articles.
- Kirk Corp is Bound by PCUSA Constitution.
- Property of Church are not separate from Kirk Corp.
- Trust Was created.
- Contractual relationship
- AC Report will not violate The First Amendment.
- EOP wants summary Judgment.
- Kirk's Brief - Feb 29, 2008
- Cimarron (1973) was no longer used by the OK Courts since Jones(1979).
- Kirk Corporation is not a member of EOP/PCUSA only people
- No trust exists now or ever
- Due process required for Kirk corp.
- Neutral Principles is Okla. Law
- No Ecclesiastical Decision
- EOP's AC acted without Consent. After disaffiliation.
- Kirk paid for everything.
- PCUSA has no standing only EOP
- 37 Undisputed facts.
- Kirks Exhibits 1 (brief pt 2)
- Amended Articles of Incorporation.
- Amended Certificate of Incorporation.
- Corporation Bylaws
- Unanimous Consent to Action Taken, In Lieu of a Special Meeting of the Board of Trustees
- Affidavit on Trust Removal
- Trustee Minutes
- Affidavit of Pastor Tom Gray
- Report of Independent Auditors on PCUSA
- EOP Balance Sheet
-
Kirks Exhibits 2 (brief pt 3)
- Magistrate's Decision: Hudson PC vs Eastminister Presbytery Oct 23 2007
- Kirk Balance Sheet 2007
- Warranty Deed Mar 3, 2005 - Roman Catholic
- Warranty Deed May 16, 2000 - Roman Catholic
- Warranty Deed Jan 29, 1983 - LDS
- Warranty Deed Feb 20, 1980 - LDS
- Quit-Claim Deed Feb 20, 1980 - LDS
- NY - Presbytery of Hudson River vs. FPC of Ridgebury Aug 16, 2006
- Affidavit Clerk of the Session - Kirk Aug 15, 2006
- Unanimous Consent to Action Taken, In Lieu of a Special Meeting of the Session of Kirk of the Hills Corporation July 4, 2006
- Exhibit B - Land Description
- Companion to the Constitution
- Book of Discipline of the United Methodist Church.
- Real Estate Mortgage - Kirk w/ UPC in USA $75k Mar 30, 1971
- Real Estate Mortgage - Presbytery of Tulsa w/ UPC in USA $100k Dec 14, 1964
- Admin Comm Report on Kirk - Mar 6, 2007
- Presbytery of Cimarron vs Westminster PC of Enid - "Journal Entry of Judgment"- Oct 4, 1974
- Kirks Exhibits 3 (brief pt 4)
- EE - Journal of 183rd GA - PC in the USA - Dec 1981
- FF - Presbyterian Polity for Church Officers (2nd ED) pg 6
- GG - UPC, Paola, KS v. Heartland Presbytery - Oct 18, 2004
- HH - Church Property Resource - PCUSA
- II - Kirk State Session Meeting, Tue, Aug 15, 2006
- JJ - Kirk Congregational Meeting, Wed, Aug 30, 2006
- KK - Kirk Congregational Meeting, Wed, June 28, 2006
- LL - Congregational Bylaws of Kirk of the Hills June 28, 2006
- MM - State of Defendant's Fact Which are Either Immaterial or to Which There is Substantial Controversy.
- Pacific Reporter - AOG vs New Hope of Norman - July 17, 1979
- Pacific Reporter - Presbytery of Cimarron vs Westminster PC of Enid
- Kirks Exhibits 4 (brief pt 5)
- Pacific Reporter - Daniels vs Union Baptists Association
- Pacific Reporter - Fowler et all vs Bailey, et all
- Pacific Reporter - Guinn vs Church of Christ of Collinsville, OK
- Kirks Exhibits 5 (brief pt 6)
- Pacific Reporter - Hadnot vs LDS, Chickasha
- Supreme Court Reporter - Jones vs Wolf
- Supreme Court Reporter - Maryland & Virginia Elership of COG vs COG at Sharpsburg
- Pacific Reporter - Oaks Country Club vs FPC of Tulsa & Camp Loughridge
- Kirk's Sur-Reply Brief
- Summary: The very simple key to resolving the entire case is disaffiliation.
- Administrative Commission Had No Jurisdiction
- Disaffiliation by Kirk Terminated PCUSA Ecclesiastical Jurisdiction.
- Kirk Had the [ed: US] Constitutional Right to Disaffiliate from PCUSA
- Book of Order Does Not Prohibit Corporations or Congregations From Unilaterally Disaffiliating from PCUSA.
- Kirk's Corporation's Amendment of its Corporate Articles and Bylaws was Lawful
- There is No Trust Agreement Between Kirk Corporation and EOP/PCUSA.
- Conclusion: Grant Kirk's Summary Judgment; Deny EOP/PCUSA (disputed facts)
Court Time Line
Tulsa District Civil Court Docket for Kirk v. EOP
click for the official version (in legaleze)
| Date | Who | Description |
|---|---|---|
| 2008 Oct 24 | EOP | Proposed Journal Entry! |
| 2008 Oct 16 | EOP | Dismissal without Prejudice Fiduciary Duty and Breach of Contract |
| 2008 Oct 16 | Kirk | Proposed Order and Motion to Reconsider |
| 2008 Oct 16 | EOP | Proposed Journal Entry |
| 2008 Oct 6 | Court | Hearing Held - Scheduling Conference Nov 4 |
| 2008 Oct 3 | Kirk | Notice of Pendency of Action: Lis Pednes |
| 2008 Oct 2 | EOP | Response to Kirk's Request for Findings of Fact and Conclusions of Law |
| 2008 Sept 25 | EOP | Response & Objections Concerning Motion to Settle Journal Entry |
| 2008 Sept 24 | Kirk | Proposed Journal Entry & Objection to EOP's Proposed Journal Entry & Request for Findings of Fact and Conclusions of Law |
| 2008 Sept 19 | EOP | Proposed Journal Entry |
| 2008 Sept 18 | Court | Hearing Held. Parties to File Written Objections by 9/25/2008. Hearing to settle Journal Entry 10-6-2008 9:15 am. Stay to Remain in Effect |
| Sept 9, 2008 | Court | Hearing Held - Court Rules in Favor of EOP/PCUSA Hearing Set for 9-18-2008 3:30pm for Bond & Settlement of Journal Entry |
| Aug 28, 2008 | Court | Hearing Reset for 9-9-2008 |
| 2008 Aug 5 | Court | Motions For Summary Judgment Are Set For Hearing On 8-28-08 AT 9:00 AM. |
| 2008 May 19 | Kirk | Order Granted for Kirk to file Sur-Reply by 5-19-2008 |
| 2008 May 16 | Kirk | Unopposed Application To Grant More Time for Kirk's Sur-Reply Brief. |
| 2008 May 7 | Kirk | Unopposed Application To Set Hearing Of Kirk's Motion For Summary Judgment & EOP/PCUSA Counter Motions For Summary Judgment. |
| 2008 May 5 | Court | Order Granting Kirk Leave To File Sur-Reply To Summary Judgments By 5-16-08. |
| 2008 Apr 24 | PCUSA | Reply Brief In Support Of Counter Motion For Summary Judgment |
| 2008 Apr 24 | EOP | Reply Brief In Support Of Counter Motion For Summary Judgment |
| 2008 Apr 17 | Kirk | Kirk Corporation advice to the Court. |
| 2008 Mar 3 | Kirk | Permission for Kirk to file long reply brief. |
| 2008 Feb 29 | Kirk | Reply in support of Kirk's motion for summary judgment combined with respones to PCUSA'S counter montions for summary judgment (Exhibits and Compendium of Cases). - (No Person shall be deprived of Life Liberty or Property w/o Due Process of Law) |
| 2008 Feb 7 | Court | More Time for PCUSA? to respond to Motion to Compel |
| 2008 Feb 5 | Court | Kirk allowed more time to Answer PCUSA Motions for Summary Judgment and Reply to Answers to Kirk's Motion for Summary Judgment.(Served) |
| 2008 Jan 31 | Court | Kirk allowed until Feb 29,2008 to Answer PCUSA Motions for Summary Judgment and Reply to Answers to Kirk's Motion for Summary Judgment. |
| 2008 Jan 30 | Kirk | Application for Enlargement of Time to Answer Motions for Summary Judgment and Reply to Answers to Kirk's Motion for Summary Judgment. |
| 2007 Nov 28 | Kirk | Kirk's Reply in Support of its Motions to Compel Answers to Requests for Admissions, Interrogatories and Production of Documents from PC(USA). |
| 2007 Nov 21 | Kirk | Krik's Reply in Support of its Motions to Compel Answers to Interrogatories and Production of Documents from EOP. |
| 2007 Nov 19 | Court | Leave granted to Kirk to file Reply in Support of Kirk's Motion to Compel EOP and PCUSA Documents and Answers |
| 2007 Nov 15 | EOP | EOP's Response to Kirk's Motion to Compel |
| 2007 Nov 15 | Court | Hearing on "Kirk's Motion to Compel EOP" reset to Dec 20, 2007 at 9am(EOP objection overuled). Kirk & EOP may file briefs. |
| 2007 Nov 9 | Kirk | Unopposed Kirk Motion for leave to file a reply brief in support of Kirk's motion to compel answers to interrogatories and production of documents from EOP. |
| 2007 Nov 6 | EOP | Unopposed EOP Motion for more time to respond to Kirk's motion to compel. |
| 2007 Oct 26 | Kirk | Kirk's Motion to compel answers to interrogatories and production of documents from EOP and Brief in support |
| 2007 Oct 18 | COURT | Motion to Compel Hearing set for Nov 20, 2007 9:30am |
| 2007 Oct 15 | Kirk | Motion for leave to file a reply brief in support of Kirk's application for enlargement of time. |
| 2007 Oct 9 | EOP | EOP's response to Kirk's application for enlargement of time to answer motions for summary judgment & reply to answers to Kirk's motion for summary judgment |
| 2007 Oct 5 | KIRK?? | Brief of PCUSA in opposition to Kirk's motion to compel discovery |
| 2007 Oct 5 | KIRK | Application for enlargement of time to answer motions for Summary Judgment and Reply to Answers to Kirk's Motion for Summary Judgment. |
| 2007 Oct 4 | COURT | Order to extend to 10-5-2007 for PCUSA to respond to Compel Motion by Kirk |
| 2007 Sept 19 | COURT | Order to extend to 10-3-2007 for PCUSA to respond to Compel Motion by Kirk |
| 2007 Sept 11 | COURT | Grant motion to extend to 9-19-2007 for PCUSA to respond to Compel Motion by Kirk |
| 2007 Sept 11 | PCUSA | Unopposed motion for extension of time to respond to Compel Motion by Kirk |
| 2007 Sept 05 | Kirk | Kirk Supplement to Compel Motion by Kirk |
| 2007 Aug 27 | Court | Court Hearing on Compel Motion by Kirk 2007 Sept 20 |
| 2007 Aug 27 | Kirk | Motion to compel PCUSA to answers to request for Admission, Interrogatories and Production of Documents. |
| 2007 Jul 25 | Court | Kirk Allowed until 10/22/2007 to file replys |
| 2007 Jul 23 | EOP |
Response to Kirk's Motion for Summary Judgment EOP's Motion for Summary Judgment and Brief |
| 2007 Jul 19 | Kirk | Kirk's request to file reply brief in support of MSJ
Kirk's to extend time for response to EOP MSJ Kirk's reply briefs to EOP response to Kirk's MSJ. |
| 2007 Jul 13 | PCUSA | Application For Brief in Opposition to Kirk's Summary Judgment. |
| 2007 Jul 7 | EOP | Motion For Summary Judgment and brief. |
| 2007 Jun 26 | Court | EOP granted to 7-13-07 To File Response To Kirk's Motion For Summary Judgment. |
| 2007 Jun 18 | Kirk | Kirk's reply to EOP's Counterclaims |
| 2007 Jun 12 | Court | PCUSA? granted to 7-13 to respond to Kirk's Motion for Summary Judgment |
| 2007 Jun 08 | Court | Time Extended (6/18) to Kirk to file Response to Counterclaims |
| 2007 May 29 | EOP | EOP's Counterclaims |
| 2007 May 24 | Court | Leave granted to file Counterclaims. |
| 2007 May 23 | EOP | Motion for leave to file Counterclaims with List of Authorities. |
| 2007 May 1 | Court | Agreed Protective Order signed by Judge |
| 2007 Apr 12 | Court | EOP's Motion to compel is granted in part and denied in part. |
| 2007 Apr 09 | Kirk | Response To EOP's Motion To Compel Answers To Interrogatories & Production Of Documents & Brief In Support |
| 2007 Apr 02 | Court | Motion To Compel Is Set For Hearing On 4-12-07 At 9:30 am |
| 2007 Feb 07 | EOP | Motion To Compel Answers To Interrogatories And Production Of Documents And Supporting Brief (A-J) |
| 2007 Mar 03 | Court | Order denying Stay and granting Compel. |
| 2007 Feb 07 | Court | Order: Granting EOP & PC(USA) time extension to respond to Summary Judgment till 2007-May-07 |
| 2007 Feb 06 | Court | Moot: Settle Journal Entry |
| 2007 Feb 06 | Court | Order denying Stay and granting Compel. |
| 2007 Jan 31 | EOP | Motion to Settle Journal Entry |
| 2007 Jan 22 | Kirk | Motion for Summary Judgment and Brief |
| 2007 Jan 22 | Court | Grant Kirk Leave to file 15 page brief and overlong Motion |
| 2007 Jan 10 | Kirk | Plaintiffs reply to Counterclaims |
| 2006 Dec 18 | PCUSA | Answer of Defendant |
| 2006 Nov 15 | EOP | Answer of Defendant |
| 2006 Nov 08 | Kirk | Application for Scheduling Conference |
| 2006 Oct 26 | Court | hearing: Motion to stay DENIED, Motion to compel: GRANTED |
| 2006 Oct 23 | Court | hearing: under advisement |
| 2006 Oct 19 | Kirk | SurReply in support of Objection |
| 2006 Oct 19 | Kirk | Order granting Plaintiff leave to file SurReply in support of Objection |
| 2006 Oct 18 | Kirk | Corrected Exhibits to Objection of Stay & Produce |
| 2006 Oct 17 | EOP & PC(USA) | Reply to Objection of Stay & Produce |
| 2006 Oct 10 | EOP | Unopposed Order granting leave to file reply briefs |
| 2006 Oct 4 | Kirk | Plaintiff's Objection to & Motion to Strike Defendant's motion to Stay & Produce |
| 2006 Sep 28 | Court | Order granting Plaintiff till 2006-Oct-04 to fill response to Stay & Produce |
| 2006 Sep 14 | EOP | Defense Motion for Stay of Action and Brief in Support |
| 2006 Sep 14 | EOP | Defense Motion for order directing plaintiff to produce documents |
| 2006 Aug 16 | Kirk | Petition to the Court |
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