Church Property

In Powerhouse Ministries v. Friendly Church, the Fifth Court reversed a trial court’s judgment that awarded church property to a group of members who had left the original church and formed a new and independent entity.

The Court first held that ecclesiastical immunity didn’t apply to the trespass-to-try-title claim in the case. Then, the Court determined that the original church, which had changed its name to “Powerhouse,” was the same entity that had acquired the property over time through five deeds–while the new entity, which had adopted the name “Friendly,” had no claim to the property based on its name alone.

“[T]he fact that the entity later changed its name does not change the facts of its acquisition, possession, and operation of the Property,” said the Court, and “when the members of the Separated Friendly Church left the Original Friendly Church, they abandoned any claim to the Property.” No. 05-23-00824-CV (Aug. 27, 2024) (mem. op.).