robert-masterson-mark-brown-george-butler-charles-westbrook-richey ( 2011 )


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  •       TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
    NO. 03-10-00015-CV
    Robert Masterson, Mark Brown, George Butler, Charles Westbrook, Richey Oliver,
    Craig Porter, Sharon Weber, June Smith, Rita Baker, Stephanie Peddy, Billy Ruth Hodges,
    Dallas Christian and The Episcopal Church of the Good Shepherd, Appellants
    v.
    The Diocese of Northwest Texas, The Rev. Celia Ellery, Don Griffis and Michael Ryan,
    Appellees
    FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 51ST JUDICIAL DISTRICT
    NO. A-07-0237-C, HONORABLE J. BLAIR CHERRY, JUDGE PRESIDING
    OPINION
    This appeal arises from a property dispute among parishioners from the Episcopal
    Church of the Good Shepherd (“Good Shepherd”) in San Angelo, Texas. In 2006, a majority of the
    Good Shepherd parishioners voted to withdraw Good Shepherd from the Episcopal Church of the
    United States and the Diocese of Northwest Texas and to reorganize as the Anglican Church of the
    Good Shepherd affiliated with the Diocese of Uganda, Africa; a minority voted to continue Good
    Shepherd’s affiliation with the Episcopal Church and the Diocese of Northwest Texas (the
    “Diocese”). The Diocese and the individual appellees, The Rev. Celia Ellery, Don Griffis, and
    Michael Ryan (collectively, the “Continuing Parish Leaders”), filed suit for declaratory judgment
    to establish their rights to continued possession and control over the church property, which was
    claimed by appellants, who are members of the withdrawing group (collectively, the “Former Parish
    Leaders”).1 The Former Parish Leaders counterclaimed with a suit to quiet title and request for
    declaratory judgment that they were entitled to possession and use of the church property. The
    Diocese and Continuing Parish Leaders moved for summary judgment, which the trial court granted.
    The Former Parish Leaders appeal, arguing primarily that the trial court erred in failing to properly
    apply “neutral principles” of law to resolve the dispute. We will affirm the trial court’s judgment.
    FACTUAL AND PROCEDURAL BACKGROUND
    The Diocese is one of 111 regional dioceses of the Episcopal Church, responsible for
    carrying out the Episcopal Church’s ministry and mission within a geographical area that includes
    Good Shepherd. In 1961, three members of the Episcopal Church purchased a tract of land in
    San Angelo on which Good Shepherd was later built. The following year, they donated the
    property to the Trustees of the Diocese for the purpose of establishing a mission church. In
    September 1965, Good Shepherd submitted an “Application for Organization of Mission,” in which
    it promised to “establish and sustain the regular worship of the [Episcopal] Church, to promote its
    purpose and influence” and to “conform[] to the Constitution and Canons of the General Convention
    and the Diocese of Northwest Texas.” Thereafter, Good Shepherd participated in the annual
    Conventions for the Episcopal Diocese of Northwest Texas each year from its formation until the
    present dispute arose.
    1
    The individual appellants include Robert Masterson, Mark Brown, George Butler,
    Charles Westbrook, Richey Oliver, Craig Porter, Sharon Weber, June Smith, Rita Baker,
    Stephanie Peddy, Billy Ruth Hodges, and Dallas Christian. Good Shepherd was named as a nominal
    defendant, as it was under the control of the Former Parish Leaders at the time the suit was filed.
    It is now a nominal appellant.
    2
    In 1974, after the Good Shepherd mission was incorporated, it achieved parish status
    and was accepted into union with the Diocese.2 The same year, the first vestry of Good Shepherd
    filed articles of incorporation as the “Episcopal Church of the Good Shepherd,” pledging to hold
    office in accordance with the Episcopal Church Canons. Thereafter, Good Shepherd enacted
    Bylaws, which provide that Good Shepherd is
    a constituent part of the Diocese of Northwest Texas and of the Protestant Episcopal
    Church in the United States of America. The parish accedes to, recognizes, and
    adopts the General Constitution and Canons of that Church, and the Constitution and
    Canons of the Diocese of Northwest Texas and acknowledges the authority of
    the same.3
    The Bylaws further state that
    [t]he Rector, Wardens and Vestry of the Church of the Good Shepherd are hereby
    constituted Trustees Corporate and Politic. If the Parish be without a Rector, all
    rights respecting title to properties of the Parish shall be vested in the Wardens and
    Vestry with the condition that any change thereof be made with the knowledge and
    written consent of the then ecclesiastical authority of the Diocese.
    2
    Under the Diocesan Canons, title to any property acquired by or for a mission congregation
    shall be held by the Diocese “until such time as the Mission becomes a Parish.” On achieving parish
    status, a congregation must incorporate under the laws of Texas in order to facilitate and conduct its
    affairs; “such incorporated parish shall hold title of and administer the real property and trust funds
    of the Parish.” If a parish is dissolved by the Diocese, “such property as it may own shall be
    delivered and conveyed to the [Diocese].”
    3
    A number of the Canons of the Episcopal Church and the Diocese contain provisions
    relating to possession and use of church property, chiefly Canon I.7.4, which recites an express trust
    in favor of the denominational church: “All real and personal property held by or for the benefit of
    any congregation is held in trust for this Church and the Diocese thereof in which such congregation
    is located. The existence of this trust, however, shall in no way limit the power and authority of the
    congregation otherwise existing over such property so long as the particular congregation remains
    a part of, and subject to, this Church and its Constitution and Canons.”
    3
    In 1982, the Board of Trustees for the Diocese conveyed the property and
    improvements thereon to Good Shepherd by general warranty deed for ten dollars. Title to the land
    was taken in the name of the “Good Shepherd Episcopal Church.” The land conveyed by the
    1982 deed, along with an additional tract acquired in 2005 and the personal property of
    Good Shepherd, constitute the church property subject to the instant dispute.
    In November 2006, the vestry of Good Shepherd recommended certain resolutions
    that sought to withdraw Good Shepherd from the Episcopal Church and the Diocese and to begin
    worship as a new, distinct, and independent church. The resolutions purported to change the name
    of Good Shepherd to the “Anglican Church of the Good Shepherd,” to dissolve its union with the
    Episcopal Church and with the Diocese, and to revoke any trusts previously imposed on any property
    of Good Shepherd in favor of the Episcopal Church, the Diocese, or the Northwest Episcopal Board
    of Trustees. A majority of Good Shepherd’s members voted to adopt the resolutions by a margin
    of 53 to 30. In response, Wallace Ohl, Bishop of the Episcopal Church in the Diocese of Northwest
    Texas, reached out to the parishioners who wished to remain with the Episcopal Church. Bishop Ohl
    requested that those parishioners who wished to leave the Episcopal Church depart the premises by
    January 5, 2007, and informed the Former Parish Leaders that Good Shepherd’s real and personal
    property was held in trust for the Diocese for the benefit of the Episcopal Church and those members
    of Good Shepherd who remained faithful. Since then, the continuing parishioners of Good Shepherd
    have elected a new vestry, which has been recognized by Bishop Ohl and the Diocese as the true and
    proper representative of Good Shepherd. The Reverend Celia Ellery was appointed priest-in-charge,
    effective January 6, 2007.
    4
    When the Former Parish Leaders and the parishioners aligned with them refused to
    vacate the premises in accordance with Bishop Ohl’s order, the Diocese and Continuing Parish
    Leaders filed this suit for declaratory judgment. The Former Parish Leaders filed an answer and
    counterclaims, seeking to quiet title and have the trial court declare that they, the Anglican Church
    of the Good Shepherd, were entitled to retain control over the property. The Diocese and Continuing
    Parish Leaders moved for summary judgment on the grounds that the church property is, as a matter
    of law, held in trust for the Episcopal Church and the Diocese for those members of Good Shepherd
    who remain loyal and that, pursuant to Texas law and Episcopal Church Canons, the dissenting
    members could not unilaterally dissolve the relationship between Good Shepherd and the Diocese
    and still retain control and use of the property.
    The trial court granted the Diocese and Continuing Parish Leaders’ motion for
    summary judgment, declaring that the Former Parish Leaders may not divert, alienate, or use the real
    or personal property of Good Shepherd, except in furtherance of the mission of the Episcopal Church
    as provided by and in accordance with the Constitutions and Canons of the Episcopal Church and
    the Diocese. The court further declared that:
    the continuing Parish of the Good Shepherd is identified as and represented by those
    persons recognized by the Bishop of the Episcopal Diocese of Northwest Texas;
    the actions of the Defendants in seeking to withdraw Good Shepherd as a Parish of
    the Diocese and from the Episcopal Church are void and without effect; and
    all real and personal property of the Good Shepherd is held in trust for the Episcopal
    Church and the Diocese.
    The Former Parish Leaders perfected this appeal.
    5
    STANDARD OF REVIEW
    We review a trial court’s grant of summary judgment de novo. Mid-Century Ins. Co.
    v. Ademaj, 
    243 S.W.3d 618
    , 622 (Tex. 2007). When reviewing a summary judgment, we take as true
    all evidence favorable to the nonmovant, and we indulge every reasonable inference and resolve any
    doubts in the nonmovant’s favor. Provident Life & Accident Ins. Co. v. Knott, 
    128 S.W.3d 211
    , 215
    (Tex. 2003). The party moving for a traditional summary judgment bears the burden of showing that
    no genuine issue of material fact exists and that it is entitled to judgment as a matter of law.
    
    Id. at 216.
    DISCUSSION
    In their first issue, the Former Parish Leaders argue that the trial court erred by failing
    to resolve the property dispute through the application of “neutral principles of law.” In their second
    issue, they assert that the trial court erred in rendering summary judgment “that deferred the dispute
    to a ruling by the Bishop.” Specifically, the Former Parish Leaders contend that this dispute can be
    resolved simply by interpreting the 1982 general warranty deed in conjunction with constitutional
    and common law principles. These neutral principles of law, they argue, conclusively establish that
    control of Good Shepherd vests in its members, that the majority’s vote to withdraw was effective
    and did not require the consent of the Episcopal Church, and that any claim to the property of
    Good Shepherd by the Diocese on behalf of the Episcopal Church contradicts the terms of the
    general warranty deed held by Good Shepherd. In order to adequately address these complaints, we
    will first briefly outline the law governing these types of church-property disputes.
    6
    The First Amendment
    The First Amendment to the United States Constitution, applicable to the states
    through the Fourteenth Amendment, Cantwell v. Connecticut, 
    310 U.S. 296
    , 303 (1940), provides
    that “Congress shall make no law respecting an establishment of religion, or prohibiting the free
    exercise thereof.” U.S. Const. Amend. I. Government action can burden the free exercise of religion
    in one of two ways: by interfering with an individual’s observance or practice of a particular faith,
    see, e.g., Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, 
    508 U.S. 520
    , 532 (1993), or by
    encroaching on the church’s ability to manage its internal affairs, see, e.g., Kedroff v. St. Nicholas
    Cathedral, 
    344 U.S. 94
    , 116 (1952).4 Following this constitutional mandate, civil courts may
    not intrude into inherently “religious” or “ecclesiastical” matters. See Westbrook v. Penley,
    
    231 S.W.3d 389
    , 398-99 (Tex. 2006). In Texas, this doctrine has been referred to as one of
    “ecclesiastical abstention” or “ecclesiastical exemption.” See Lacy v. Bassett, 
    132 S.W.3d 119
    , 123
    (Tex. App.—Houston [14th Dist.] 2004, no pet.); see also Patton v. Jones, 
    212 S.W.3d 541
    ,
    4
    The dangers posed by civil courts probing too deeply into church affairs have been well
    articulated by the Supreme Court:
    First Amendment values are plainly jeopardized when church property litigation is
    made to turn on the resolution by civil courts of controversies over religious doctrine
    and practice. If civil courts undertake to resolve such controversies in order to
    adjudicate the property dispute, the hazards are ever present of inhibiting the free
    development of religious doctrine and of implicating secular interests in matters of
    purely ecclesiastical concern.
    Serbian E. Orthodox Diocese v. Milivojevich, 
    426 U.S. 696
    , 709-10 (1976); see also Watson
    v. Jones, 
    80 U.S. 679
    , 728-29 (1872).
    7
    555 n.13 (Tex. App.—Austin 2007, pet. denied); Schismatic & Purported Casa Linda Presbyterian
    Church v. Grace Union Presbytery, Inc., 
    710 S.W.2d 700
    , 703 (Tex. App.—Dallas 1986, writ ref’d
    n.r.e.). The ecclesiastical-abstention doctrine stands for the proposition that the First Amendment
    prohibits civil courts from exercising jurisdiction over matters concerning “theological controversy,
    church discipline, ecclesiastical government, or the conformity of the members of a church to the
    standard of morals required of them.” Serbian E. Orthodox Diocese v. Milivojevich, 
    426 U.S. 696
    ,
    713-14 (1976).
    [T]he First Amendment prohibits civil courts from resolving church property disputes
    on the basis of religious doctrine and practice. As a corollary to this commandment,
    the Amendment requires that civil courts defer to the resolution of issues of religious
    doctrine or polity by the highest court of a hierarchical church organization.
    Jones v. Wolf, 
    443 U.S. 595
    , 602 (1979) (citations omitted).
    The Neutral-Principles Approach
    The neutral-principles approach on which the Former Parish Leaders rely can be seen
    as an exception to the ecclesiastical-abstention doctrine. See 
    Westbrook, 231 S.W.3d at 398
    ; see also
    
    Wolf, 443 U.S. at 602-05
    (states may adopt neutral principles of law without running afoul of
    First Amendment so long as resolution of ownership entails no inquiry into religious doctrine). In
    the context of property-rights litigation, the neutral-principles approach confers jurisdiction on civil
    courts to apply neutral principles of law “developed for use in all property disputes, which can
    be applied without ‘establishing’ churches to which property is awarded” in violation of the
    First Amendment. Presbyterian Church v. Mary Elizabeth Blue Hull Mem’l Presbyterian Church,
    8
    
    393 U.S. 440
    , 449 (1969). In practice, this means that a court employing a neutral-principles
    approach may itself interpret the governing documents of the church, deeds of conveyance, canons,
    rules, and relevant statutes, so long as it does so without relying on religious precepts to resolve the
    underlying dispute. See 
    Wolf, 443 U.S. at 604
    .
    The neutral-principles approach was approved by the United States Supreme Court
    in Maryland & Virginia Eldership of the Churches of God v. Church of God at Sharpsburg, Inc.,
    
    396 U.S. 367
    (1970), an appeal from a state court judgment settling a local church property dispute
    on the basis of the language of the deeds, the terms of the local church charters, the constitution of
    the general church, and state statutes. Reflecting on the advantages inherent in the neutral-principles
    approach, the Supreme Court in Jones v. Wolf noted that it “is completely secular in operation, and
    yet flexible enough to accommodate all forms of religious organization and polity,” as it relies
    exclusively on “objective, well-established concepts of trust and property law familiar to lawyers and
    
    judges.” 443 U.S. at 603
    .
    Furthermore, the neutral-principles analysis shares the peculiar genius of private-law
    systems in general—flexibility in ordering private rights and obligations to reflect the
    intentions of the parties. Through appropriate reversionary clauses and trust
    provisions, religious societies can specify what is to happen to church property in the
    event of a particular contingency, or what religious body will determine the
    ownership in the event of a schism or doctrinal controversy. In this manner, a
    religious organization can ensure that a dispute over the ownership of church
    property will be resolved in accord with the desires of the members.
    
    Id. at 603-04.
    But even the neutral-principles approach is not “wholly free of difficulty,” as “there
    may be cases where the deed, the corporate charter, or the constitution of the general church
    9
    incorporates religious concepts in the provisions relating to the ownership of property.” 
    Id. at 604.
    “If in such a case the interpretation of the instruments of ownership would require the civil court to
    resolve a religious controversy, then the court must defer to the resolution of the doctrinal issue by
    the authoritative ecclesiastical body.” 
    Id. (citing Milivojevich,
    426 U.S. at 709). Therefore, even
    when a court is properly applying the neutral-principles approach, it will have to defer to decision
    makers within the church to the extent that resolution of the property dispute overlaps with
    ecclesiastical matters. See id.; 
    Westbrook, 231 S.W.3d at 399
    (“[I]f interpretation of the instruments
    of ownership would require the court’s resolution of a religious controversy, the court must defer to
    ecclesiastical resolution of the doctrinal issue.”).
    An alternative to neutral principles is the approach the Supreme Court first articulated
    in Watson v. Jones, 
    80 U.S. 679
    (1872). Under Watson, civil courts simply enforce the property
    decisions made by the relevant governing body within the church without inquiring whether that
    body has power under religious law to control the property in 
    question. 80 U.S. at 722-24
    ; see
    Maryland & Va. Eldership of the Churches of 
    God, 396 U.S. at 368-69
    (Brennan, J., concurring).
    The gist of this approach is that people who unite themselves to a church organization are seen to
    do so with an implied consent that intrachurch conflicts, including property disputes, will be decided
    by the church. See 
    Watson, 80 U.S. at 722
    . Under the Watson “principle of government” or
    “compulsory deference” approach,
    civil courts review ecclesiastical doctrine and polity to determine where the church
    has placed ultimate authority over the use of the church property. After answering
    this question, the courts would be required to determine whether the dispute has been
    resolved within that structure of government and, if so, what decision has been made.
    They would then be required to enforce that decision.
    10
    
    Wolf, 443 U.S. at 605
    (internal quotation marks and citations omitted). Such a rule of compulsory
    deference does not necessarily involve less entanglement of civil courts in matters of religious
    doctrine, however, because “civil courts would always be required to examine the polity and
    administration of a church to determine which unit of government has ultimate control over church
    property.” 
    Id. at 605.
    In some cases, “the locus of control would be ambiguous,” requiring “a
    careful examination of the constitutions of the general and local church” and resulting in “a
    searching and therefore impermissible inquiry into church polity.” 
    Id. Nevertheless, as
    Jones
    v. Wolf makes clear, it remains the rule that under any approach, civil courts must accept as binding
    a church adjudication regarding “questions of discipline, or of faith, or ecclesiastical rule, custom,
    or law.” 
    Id. at 595
    (citing 
    Watson, 80 U.S. at 727
    ).
    Neutral Principles v. Compulsory Deference: A Question of State Law
    Much of the Former Parish Leaders’ briefing is devoted to their position that the trial
    court was required to apply the neutral-principles approach, rather than the Watson rule of
    compulsory deference, and that it failed to do so. The United States Supreme Court, however, has
    expressly approved both of these methods for deciding questions of title to church property, leaving
    it to the states to decide which approach to adopt. See 
    id. at 602
    (“[T]he First Amendment does not
    dictate that a State must follow a particular method of resolving church disputes. Indeed, a State may
    adopt any one of various approaches for settling church property disputes so long as it involves no
    11
    consideration of doctrinal matters . . . .” (internal quotation marks omitted)). In other words,
    “how state courts resolve church property disputes is a matter of state law,” so long as the
    method a state chooses does not violate the First Amendment.                Episcopal Church Cases,
    
    198 P.3d 66
    , 74 (Cal. 2009).
    The Texas Supreme Court has not expressly approved a particular method to
    adjudicate church-property disputes, although it has “long recognized a structural restraint on the
    constitutional power of civil courts to regulate matters of religion in general.” 
    Westbrook, 231 S.W.3d at 397-98
    (citing Brown v. Clark, 
    116 S.W. 360
    , 363 (Tex. 1909)). In Brown, the only
    church-property dispute it has yet decided, the court was careful to sidestep any issues that fell within
    the exclusive jurisdiction of the ecclesiastical judicatories, including the case-determinative question
    of whether the local church possessed the authority to determine that it could enter into union with
    the denominational Presbyterian Church. 
    See 116 S.W. at 364
    . Having deferred to the affirmative
    answer of the local church’s General Assembly on that issue, the court then turned to what was
    “perhaps the only question in the case of which this court has jurisdiction”: how the resulting union
    between the two churches affected possession and control of the church property. 
    Id. The court
    answered that question by construing the general warranty deed for the property, which was made
    to the trustees of the local church, while considering the fact that the local church “was but a member
    of and under the control of the larger and more important Christian organization.” 
    Id. In light
    of that
    union, the court held that the local church had been incorporated into the Presbyterian Church and
    therefore “those members who recognize the authority of the Presbyterian Church in the
    United States of America are entitled to possession and use of the property.” 
    Id. 12 As
    the Former Parish Leaders correctly point out, the analysis that the court conducted
    in Brown is consistent with the neutral-principles approach. That does not mean, however, that a
    Texas court is required to follow the same approach. Because the trial court was not required to
    adopt any particular approach in resolving the instant dispute, see 
    Wolf, 443 U.S. at 602
    , we overrule
    the Former Parish Leaders’ first issue asserting that the trial court erred by failing to apply neutral
    principles of law.5
    In their second issue, the Former Parish Leaders complain that the trial court “erred
    in granting summary judgment that deferred the dispute to a ruling by the Bishop.” They argue that
    this is error because the Episcopal Church lacks the necessary tribunals and rules to (1) adjudicate
    the property dispute, (2) remove the vestry of Good Shepherd, or (3) exclude people from
    membership in Good Shepherd. The deference that the trial court allegedly afforded the Diocese
    would only be appropriate, they assert, if the record conclusively established that the
    Episcopal Church is a “hierarchical” organization that had established the necessary institutions
    to govern disputes over the government and direction of subordinate bodies. See 
    Milivojevich, 426 U.S. at 724
    . According to the Former Parish Leaders, the record actually supports the
    conclusion that Good Shepherd is an independent organization free from control by the
    Episcopal Church hierarchy, and that the only decisions entitled to any deference are those made by
    5
    In support of their first issue, the Former Parish Leaders make a number of assertions that
    they label as sub-issues, including “Texas District Courts have subject matter jurisdiction to apply
    ‘neutral principles’ of law” and “application of ‘neutral-principles’ [sic] to determine property
    disputes is not restricted to congregational churches.” Because these statements concern matters that
    are not in dispute, we need not address them.
    13
    a majority of its membership to disaffiliate from the Diocese and the Episcopal Church. Before
    addressing the merits of these arguments, we will first examine the context from which they arise.
    Hierarchical and Congregational Churches
    In discussing the proper role for civil courts to play in adjudicating these cases,
    the United States Supreme Court has analyzed two different scenarios that predominate in
    church-property disputes. The first involves property held by a “religious congregation which is
    itself part of a large and general organization of some religious denomination, with which it is
    more or less intimately connected by religious views and ecclesiastical government.” See 
    Watson, 80 U.S. at 726
    . Such bodies are referred to as “hierarchical” churches. 
    Kedroff, 344 U.S. at 110
    (defining “hierarchical churches” as “those organized as a body with other churches having
    similar faith and doctrine with a common ruling convocation or ecclesiastical head”). In those cases,
    “we are bound to look at the fact that the local congregation is itself but a member of a much larger
    and more important religious organization, and is under its government and control, and is bound
    by its orders and judgments.” 
    Watson, 80 U.S. at 726
    -27. “The second is when the property is held
    by a religious congregation which, by the nature of its organization, is strictly independent of other
    ecclesiastical associations, and so far as church government is concerned, owes no fealty or
    obligation to any higher authority.” 
    Id. at 722.
    These are classified as “congregational churches,”
    and, being independent and self-governing, are analyzed in accordance with “the ordinary principles
    which govern voluntary associations.” See 
    id. at 724-25.
    Under the rule announced in Watson, the distinction between the two church
    classifications is important when courts must identify the entity to which it shall defer on matters
    14
    protected from judicial scrutiny. When a dispute arises in a hierarchical church, the authority entitled
    to deference on ecclesiastical matters is “the highest of the[] church judicatories to which the matter
    has been carried.” See 
    id. at 727.
    If, however, a dispute arises in a congregational church, the
    “principle of government” adopted by the church dictates who can determine the right of
    control—e.g., “[i]f the principle of government in such cases is that the majority rules, then the
    numerical majority of members must control the right to the use of the property.” 
    Id. at 725.
    Or, if
    a congregational church vests power in a governing board or vestry, “then those who adhere to the
    acknowledged organism by which the body is governed are entitled to use of the property.” 
    Id. A court
    applying the Watson rule of “compulsory deference” need only consider
    which type of organizational model a church conforms to; once that decision is made, the court
    defers to, and thereby enforces, the decision of the proper ecclesiastical authority. By arguing that
    the trial court was required to give effect to the majority’s vote to withdraw Good Shepherd from
    the Episcopal Church and the Diocese and to reorganize as the Good Shepherd Anglican Church,
    the Former Parish Leaders are implicitly invoking the deference rule in combination with the
    assertion that Good Shepherd is a congregational church under the sole control of a majority of its
    members. Thus, by complaining that the trial court erred in paying deference to the Diocese and
    Bishop Ohl’s determination that the faction aligned with the Former Parish Leaders does not, in fact,
    represent Good Shepherd, they are really arguing that the court misapplied the deference rule by
    characterizing Good Shepherd as a hierarchical church rather than a congregational one. In response,
    the Diocese and Continuing Parish Leaders argue that the trial court correctly determined that
    15
    the Episcopal Church is hierarchical and that the parishes within the hierarchy, including
    Good Shepherd, are subject to governance by the ecclesiastical head of the general church.
    Several factors are to be weighed in determining whether a church is hierarchical,
    including (1) the affiliation of the local church with a parent church, (2) an ascending order of
    ecclesiastical judicatories in which the government of the local church is subject to review and
    control by higher authorities, (3) subjugation of the local church to the jurisdiction of a parent church
    or to a constitution and canons promulgated by the parent church, (4) a charter from the parent
    church governing the affairs of the local church and specifying ownership of local church property,
    (5) the repository of legal title, and (6) the licensing or ordination of local ministers by the parent
    church. Templo Ebenezer, Inc. v. Evangelical Assemblies, Inc., 
    752 S.W.2d 197
    , 198-99 (Tex.
    App.—Amarillo 1988, no writ); see Schismatic & Purported Casa Linda Presbyterian 
    Church, 710 S.W.2d at 702
    ; Browning v. Burton, 
    273 S.W.2d 131
    , 133-34 (Tex. Civ. App.—Austin 1954,
    writ ref’d n.r.e.).
    In the present case, the summary-judgment record establishes conclusively that the
    Episcopal Church is hierarchical and that Good Shepherd is, in accordance with its bylaws and other
    governing documents, a constituent part of the Episcopal Church and the Diocese.6 Accordingly,
    6
    Briefly, the summary-judgment record details that the Episcopal Church is made up of
    nearly 7,700 congregations, primarily parishes, that are organized into 111 regional dioceses. It is
    governed by a General Convention and a presiding bishop, while each diocese is governed by a
    diocesan convention and a bishop. The Constitutions and Canons of the Episcopal Church and each
    diocese are binding on all congregations within the diocese. The Constitution of the Diocese
    requires all congregations to accede in writing to the rules of the Episcopal Church as a condition
    of acceptance as a parish of the Diocese. The bylaws and articles of incorporation of Good Shepherd
    affirm these commitments, establishing that Good Shepherd agreed from its inception to be part of
    the greater denominational church and to be bound by that church’s governing instruments. The
    16
    the Watson rule would require that the trial court and this Court defer to ecclesiastical decisions
    made within the Episcopal Church hierarchy that bear on the property-ownership dispute, rather than
    be bound by the views of the defecting parishioners, notwithstanding that they constituted a majority
    of the members of the parish. See 
    Milivojevich, 426 U.S. at 709
    . Because the trial court did not err
    in deferring to decisions of the Bishop or the Diocese in light of the hierarchical nature of the
    Episcopal Church, we overrule the Former Parish Leaders’ second issue.
    In their third, fourth, and fifth issues, the Former Parish Leaders challenge the trial
    court’s declaration that their actions seeking to withdraw Good Shepherd from the Episcopal Church
    are void and without effect, its finding that Good Shepherd’s property is held in trust for the
    Episcopal Church and the Diocese, and its alleged failure to give effect to the 1982 deed. Each of
    these complaints stems from the Former Parish Leaders’ initial premise that proper application of
    the neutral-principles approach would necessarily have resulted in a judgment in their favor.
    Accordingly, we will address these related points together.
    The Trial Court’s Judgment Comports With the Neutral-Principles Approach
    Although the trial court made no findings of fact or conclusions of law that
    conclusively establish which approach it adopted, it appears that the trial court did apply neutral
    Former Parish Leaders cite no competent summary-judgment evidence to the contrary, relying
    instead on statements in one former vestry member’s affidavit that “[t]he Episcopal Church does not
    have control of the local parishes like other hierarchical churches appear to,” that “[t]hey [sic] have
    no power to assume original jurisdiction over Good Shepherd,” and that “they [sic] have no power
    to decide who is a voting member of Good Shepherd.” Such statements, however, are legal
    conclusions that are insufficient to raise a fact issue within the context of a summary-judgment
    motion. Anderson v. Snider, 
    808 S.W.2d 54
    , 55 (Tex. 1991); Ellis v. Jansing, 
    620 S.W.2d 569
    , 571
    (Tex. 1981); Gaines v. Hamman, 
    358 S.W.3d 557
    , 563 n.4 (Tex. 1962).
    17
    principles in rendering the judgment under review. The judgment itself indicates that the court
    considered and interpreted a number of the documents contained in the record, as it would have done
    if it were employing the neutral-principles approach. Specifically, the trial court’s declaration that
    “all real and personal property of the Good Shepherd is held in trust for the Episcopal Church and
    the Diocese” is evidence that the trial court looked to the deed conveying the real property to
    Good Shepherd, the trust provisions contained in the various Canons of the Episcopal Church and
    the Diocese, and the governing documents of Good Shepherd.
    On this record, we likewise conclude that neutral principles of law mandate that the
    Episcopal Church and the Diocese, not the Good Shepherd parish, have control of the property in
    question. Though the deed to the property is held in Good Shepherd’s name, the parish agreed from
    its inception to be a part of the greater Episcopal Church and to be bound by its governing
    documents. These governing documents make clear that church property is held in trust for the
    Episcopal Church and may be subject to Good Shepherd’s authority only so long as Good Shepherd
    remains a part of and subject to the Episcopal Church and its Constitution and Canons.
    Alternatively, the Trial Court Properly Applied Watson Deference
    Viewed differently, this case can be decided not on the basis of neutral principles of
    real property or trust law, but by deciding which faction represents the divided local parish. There
    is no question that the “Good Shepherd Episcopal Church” holds record title to the church property.
    That is the fact on which the Former Parish Leaders rely most heavily in claiming the right to control
    and use the property for the new Good Shepherd Anglican church. It does not, however, resolve the
    ownership dispute, as both the Former Parish Leaders and the Continuing Parish Leaders purport to
    18
    represent “Good Shepherd.” And the Former Parish Leaders’ contention that the congregation’s vote
    transformed Good Shepherd into an Anglican parish overlooks the fact that Good Shepherd remains
    an entity that is recognized by the Episcopal Church and that it continues to assert ownership of the
    church property held in its name.
    Thus, the essence of the dispute before us can be seen as an inherently ecclesiastical
    question:   which parishioners—the loyal Episcopalian minority or the breakaway Anglican
    majority—represent Good Shepherd, in whose name the disputed property is held? It is not within
    the jurisdiction of this Court to decide such an issue, which is inextricably linked with matters of
    church discipline, membership, and faith. Instead, we are bound by the decisions of the highest
    church judicatories within the Episcopal Church hierarchy to which the matter has been carried. See
    
    Brown, 116 S.W. at 363
    (citing 
    Watson, 80 U.S. at 727
    ). Bishop Ohl, who serves as the “chief
    executive officer” in charge of both “ecclesiastical and temporal issues” and who is therefore the
    highest ecclesiastical authority within the Episcopal Church hierarchy that governs the Diocese, has
    determined that the Former Parish Leaders are not entitled to consider themselves members of
    Good Shepherd or to control property held in Good Shepherd’s name. See Patton v. Jones,
    
    212 S.W.3d 541
    , 548 (Tex. App.—Austin 2006, pet. denied) (review of ecclesiastical decisions,
    “particularly those pertaining to the membership[,] are in themselves an ‘extensive inquiry’ into
    religious law and practice, and therefore, forbidden by the First Amendment” (quoting Abrams
    v. Watchtower Bible & Tract Society, 
    715 N.E.2d 798
    , 803 (Ill. App. 1999) (emphasis added))).
    According to Bishop Ohl’s affidavit, he has, in his capacity as “Bishop and highest Ecclesiastical
    authority in the Episcopal Diocese of Northwest Texas, . . . recognize[d] the new vestry as the true
    19
    and proper representatives of the Episcopal Church of the Good Shepherd.” Because we are bound
    by this pronouncement, we hold that the summary-judgment evidence conclusively establishes that
    the church property at issue is subject to possession and control by the Continuing Parish Leaders
    of Good Shepherd and the parishioners aligned with them.7
    Partial Conclusion
    As demonstrated by the foregoing, the trial court’s judgment can be affirmed whether
    we decide this appeal by applying neutral principles of law or by deferring resolution of the
    determinative question of identity to the proper authorities within the Episcopal Church hierarchy.
    See 
    Milivojevich, 426 U.S. at 709
    ; 
    Westbrook, 231 S.W.3d at 398
    . Under either methodology, giving
    due deference to the Diocese’s resolution of the ecclesiastical questions bearing on this appeal, we
    7
    We note that this holding is consistent with earlier decisions of this Court and other Texas
    courts, wherein possession of church property is awarded to the members of a divided hierarchical
    congregation who remain loyal to the church, while “those members who renounce their allegiance
    to the church lose any rights in the property involved.” Green v. Westgate Apostolic Church,
    
    808 S.W.2d 54
    7, 552 (Tex. App.—Austin 1991, writ denied); see Brown v. Clark, 
    116 S.W. 360
    ,
    365 (Tex. 1909) (property belonged to congregation that remained loyal to merged, general church);
    Schismatic & Purported Casa Linda Presbyterian Church v. Grace Union Presbytery, Inc.,
    
    710 S.W.2d 700
    , 706-07 (Tex. App.—Dallas 1986, writ ref’d n.r.e.) (Texas law recognizes
    denominational church’s decision that loyal group is true representative of church; therefore, loyal
    group is entitled to possession and use of all church property); Browning v. Burton, 
    273 S.W.2d 131
    ,
    134 (Tex. Civ. App.—Austin 1954, writ ref’d n.r.e.) (“Appellants of course had the right to withdraw
    from the local church but in so doing they relinquished their rights in the abandoned church.”).
    These courts have viewed the matter as “a simple question of identity” determined by identifying
    which faction is the successor to the general church as it existed prior to the division. Presbytery
    of the Covenant v. First Presbyterian Church, 
    552 S.W.2d 865
    , 871 (Tex. Civ. App.—Texarkana
    1977, no writ) (collecting cases). The Former Parish Leaders maintain that the “question of identity
    rule” is not applicable to this case because the Episcopal Church is not sufficiently hierarchical and
    lacks the tribunals necessary to decide identity. Having already determined that the record
    conclusively establishes the hierarchical nature of the Episcopal Church and the Diocese, we reject
    these arguments.
    20
    conclude that when the Former Parish Leaders and the other parishioners aligned with them
    disaffiliated from the Episcopal Church, the church property remained under the authority and
    control of the Episcopal Church. Accordingly, the vote to disaffiliate was effective only as to those
    members who sought to withdraw from the Episcopal Church; it did not have the effect of
    withdrawing Good Shepherd itself from its union with the Episcopal Church, as the Former Parish
    Leaders presume.8 Further, having found that the Continuing Parish Leaders are entitled to
    possession and use of the property, the trial court did not err in declaring that property owned by the
    local Episcopal parish is held in trust for the Episcopal Church, pursuant to the Episcopal Church
    Constitution and Canons. We overrule the Former Parish Leaders’ third, fourth, and fifth issues.
    The Former Parish Leaders’ Remaining Issues
    In their sixth issue, the Former Parish Leaders argue that the trial court’s judgment
    declaring that the church property may be used only for the mission of the Episcopal Church violates
    the First Amendment of the U.S. Constitution by entangling the court in determining the religious
    question of the mission of the Episcopal Church. Because it is unsupported by any authorities or
    citations to the record, this issue is waived. See Tex. R. App. P. 38.1(i); ERI Consulting Eng’rs, Inc.
    v. Swinnea, 
    318 S.W.3d 867
    , 880 (Tex. 2010). Even if it were not, however, the trial court’s
    judgment passes constitutional muster by deferring to ecclesiastical authorities within the
    8
    Contrary to the Former Parish Leaders’ assertions, the trial court’s judgment imposes no
    violation of the First Amendment’s right of free association. The question to be resolved is not
    whether the defecting parishioners have a right to withdraw from the Episcopal Church and instead
    join the Anglican Communion—they clearly do—but whether they can claim title to property
    belonging to the Good Shepherd parish, which, as the trial court properly determined, they cannot.
    21
    Episcopal Church to define the Church’s mission. The Former Parish Leaders also contend that the
    judgment violates the Texas Constitution by ordering that they may not use, divert, or alienate the
    real property of Good Shepherd, which constitutes a taking of private property. Given both the
    failure of any governmental appropriation of the property and the fact that the property is owned by
    Good Shepherd—not the parishioners who disaffiliated from it—this argument lacks merit. We
    overrule the Former Parish Leaders’ sixth issue.
    In their seventh issue, the Former Parish Leaders argue that the order granting
    summary judgment in favor of the Diocese and the Continuing Parish Leaders is defective because
    it fails to identify the property and awards the property to persons not named as parties to the suit
    (namely, the vestry of the Episcopal Church of the Good Shepherd). Again, because they have failed
    to adequately brief this issue by including authorities or citations to the record, it is waived. See 
    id. Moreover, there
    is no serious question that the subject property is sufficiently identified in the
    Diocese and Continuing Parish Leaders’ motion for summary judgment, which was granted in its
    entirety as to those claims. In addition, because it is not necessary that all members of the current
    vestry of Good Shepherd be identified, those who are, including the priest-in-charge and the
    wardens, can appropriately take possession of the property in accordance with the trial court’s order.
    We overrule the Former Parish Leaders’ seventh issue.
    CONCLUSION
    Having overruled the Former Parish Leaders’ issues on appeal, we affirm the
    trial court’s judgment.
    22
    __________________________________________
    J. Woodfin Jones, Chief Justice
    Before Chief Justice Jones, Justices Henson and Goodwin
    Affirmed
    Filed: March 16, 2011
    23