Choi v. Sung

• Decision Date: 02 February 2010
• Docket Number: No. 37313-1-II.,37313-1-II.
• Citation: 225 P.3d 425,154 Wn. App. 303
• Court: Washington Court of Appeals
• Parties: Tae T. CHOI; Inmin Kim and Myung Soon Hillton, as representatives of the New Hope Christian Reformed Church of Tacoma, f/k/a New Hope Christian Reformed Church; and Reverend Timothy Towset, as representative of the Classis Pacific Northwest of the Christian Reformed Church of North America, Respondents, v. Samuel Y. SUNG and Young Hee Sung, as husband and wife; Morning Star World Mission, Appellants.

225 P.3d 425

154 Wn. App. 303

Tae T. CHOI; Inmin Kim and Myung Soon Hillton, as representatives of the New Hope Christian Reformed Church of Tacoma, f/k/a New Hope Christian Reformed Church; and Reverend Timothy Towset, as representative of the Classis Pacific Northwest of the Christian Reformed Church of North America, Respondents, v. Samuel Y. SUNG and Young Hee Sung, as husband and wife; Morning Star World Mission, Appellants.

No. 37313-1-II.

Court of Appeals of Washington, Division 2.

February 2, 2010.

Justin David Bristol, Attorney at Law, Tacoma, WA, for Appellant.

Carl J. Marquardt, Law Office of Carl J. Marquardt, Seattle, WA, for Respondent.

PENOYAR, J.

¶ 1 In this case, we review the trial court's resolution of a dispute involving church property in Tacoma. The trial court ordered Reverend Samuel Sung, Young Hee Sung, and Morning Star World Mission to transfer the disputed property to New Hope Christian Reformed Church of Tacoma, and to pay any revenues generated from the property during their wrongful ownership to the church. Applying the "deference approach" discussed in Presbytery of Seattle, Inc. v. Rohrbaugh, 79 Wash.2d 367, 485 P.2d 615 (1971), and Southside Tabernacle v. Pentecostal Church of God, 32 Wash.App. 814, 650 P.2d 231 (1982), with regard to church property disputes, we affirm the trial court's order.

FACTS

I. History of New Hope Christian Reformed Church

¶ 2 Samuel Sung became a minister in the Christian Reformed Church of North America (CRCNA) in 1985. He founded the Hope Christian Reformed Church (Hope CRC) in Seattle around the same time. In 1991, Hope CRC became an officially recognized member of the CRCNA and the Classis Pacific Northwest, a regional association of CRCNA churches in Western Washington and Alaska. Sung served as pastor to Hope CRC, and its successor New Hope Christian Reformed Church (New Hope CRC), from its inception until his retirement in 2003.

¶ 3 Originally, Hope CRC owned property in SeaTac. In 1999, it sold that property and purchased property in Tacoma, which is the property in dispute here. When Hope CRC moved to Tacoma, it changed its name to New Hope CRC.¹

¶ 4 Sung originally incorporated "Hope Christian Reformed Church," UBI No. 23-705-023 in 1986. Clerk's Papers (CP) at 134. The State administratively dissolved the corporation in 1994 for failure to file its annual list of officers. Sung seldom maintained the church's corporate status or kept corporate minutes or records. In 1997, Sung formed a second entity, "Hope Christian Reformed Church of Seattle," UBI No. 601-811-132, apparently to reinstate the original Hope CRC. CP at 134. In 1999, the second Hope CRC entity changed its name to "New Hope Christian Reformed Church," but in 2000 it too was dissolved. CP at 134.

¶ 5 The CRCNA has many rules and requirements for its member churches, which are set forth in the "Church Order and Rules for Synodical Procedure" (Church Order). Ex. 45. The Church Order generally requires governance by a church council composed of a senior pastor, church elders, and church deacons. Sung did not always abide by CRCNA rules.² For example, as pastor Sung made decisions without the church council's participation.

¶ 6 As Sung neared retirement, he began to seek someone to replace him. Sung chose not to follow CRCNA procedure for this process. Instead, Sung found someone whom he thought was a suitable candidate, Reverend B. Kim, a minister in the Presbyterian Church (PCUSA).³ Sung and Kim entered into an agreement that would merge their two churches and allow Kim to become minister of the New Hope CRC.⁴ At the time of the merger, Sung's congregation had dwindled to 15 members, consisting of Sung's family and two or three other families. Kim's congregation had approximately 40-50 members.

¶ 7 In October 2002, Sung drafted and executed the agreement, which he wrote in Korean. At trial, translators disagreed about the precise meaning, but in essence the agreement provided that:

a. Reverend B. Kim was to take over as Senior Pastor of the New Hope [CRC];

b. Reverend B. Kim was to become [an officially sanctioned] CRCNA pastor;

c. Reverend Sung was to be paid $60,000 [in cash] and the new congregation was to assume $40,000 in debt;[⁵]

d. There was to be a retirement ceremony for Sung.

CP at 135. Neither the Classis nor the CRCNA was informed of this agreement.

¶ 8 Kim's congregation raised $60,000 and paid it to Sung. Sung officially retired in April 2003. Sung's CRCNA status changed from senior pastor to "Pastor Emeritus," which was required for him to access his CRCNA pension. CP at 135-36.

¶ 9 Following the merger, new church council members were elected, including Tae Choi, InMin Kim,⁶ and Myung Soon Hilton. InMin Kim and Hilton joined New Hope CRC in 2002 as members of Kim's congregation. Choi, who had known Kim for some time, joined New Hope CRC in September 2003 and became a church elder. Kim served as pastor for the New Hope CRC congregation for nearly two years. He started the process of becoming a CRCNA certified pastor, but he did not complete the program. Nonetheless, the CRCNA considered New Hope CRC to be affiliated with them during this period.

¶ 10 After two years, Kim left New Hope CRC, leaving the church without a senior pastor. The church invited various pastors from other denominations to conduct weekly services while New Hope CRC decided what to do.

¶ 11 Sung, who still attended New Hope CRC on a sporadic basis, came back and announced to the church that he would reclaim his position as senior pastor.⁷ The church council rejected Sung's offer and asked the Korean Council⁸ and the Classis to call for a new pastor in accordance with CRCNA rules. Sung promptly told those who had joined New Hope CRC during the merger with Kim's congregation that they were no longer members of the New Hope CRC congregation.⁹ Sung informed them that they could no longer hold services at the Tacoma property, and he changed the locks on the building.

¶ 12 In the meantime, Sung set up a new entity called "New Hope Christian Reformed Church," UBI No. 602-450-843, and a second entity called "Morning Star World Mission," UBI No. 602-468-976.¹⁰ Though the record reveals no evidence of elections of council members or formal approval by an elected church council, Sung executed a quitclaim deed to transfer the Tacoma property from New Hope CRC to Morning Star World Mission (Morning Star).¹¹ Sung claims that a unanimous "vote of the members of his original New Hope CRC congregation and leadership" authorized his actions. Appellant's Br. at 13. However, Sung did not invite Choi or InMin Kim to the meeting to discuss the quitclaim deed or invite them to vote on the matter

¶ 13 While seeking help from the CRCNA, the ousted congregation began holding services at various homes, eventually renting a room in the basement of another church for $300 a month. The congregation had a new CRCNA minister, Reverend G. Kim, appointed to serve as pastor on an interim basis.

II. Dispute at the Classis

¶ 14 To be affiliated with the CRCNA, a church must agree to certain rules in the "Church Order and Rules for Synodical Procedure." Ex. 45. One rule requires the Classis or Synod (the assembly above the Classis) to resolve disputes concerning ecclesiastical¹² matters. The churches must agree that the Classis or Synod rulings are binding on them, unless those rulings "conflict with the Word of God." Ex. 45 at 14.

¶ 15 The Classis, following church policy and rules of governance, directed the Classis Interim Committee (CIC) to investigate the dispute between Sung and the ousted congregation. After an investigation, the CIC made the following recommendations to the Classis in March 2005:

1. That Rev. Sung resume the honorable position of Pastor Emeritus and not be recognized as the Senior Pastor of the New Hope CRC and not be considered a member of its Council.

2. That Classis recognize Elder Tae Young Choi as a legitimate elder in the New Hope CRC.

3. That Classis note that the group with Elder Choi (which has been locked out of the building) is sincere in its desire to be a member congregation in the CRC.

4. That Classis recognize the right of the congregation to begin the process of calling a new Senior Pastor (to be done under the guidance of the Korean Council).

5. That Classis, by these actions, declare that the congregation under the leadership of its Council has the right to the church building and its contents and the Rev. Sung be requested to turn the keys of the building over to the Council.

6. That Classis urge all those involved seek to be reconciled to one another and live in harmony with one another as the Word of God instructs so that the name of our Lord Jesus may be lifted up and not shamed. We as a Classis offer our services toward this end, and particularly stand ready to form a pastoral team to seek reconciliation and pastoral care. This team would be formed under the guidance of the Classical Interim Committee, and include elements of the Korean Counsil.[]

Ex. 49 at 5. Although the Classis adopted all six recommendations, it did not attempt to implement them immediately. Instead, it called in a mediator from Los Angeles, Reverend Tong Park, to attempt to reach an amicable solution to the dispute. This mediation proved unsuccessful, however, as Sung refused to submit to the recommendations of the Classis. On April 18, 2005, the Classis stated its intention to implement its recommendations.¹³

¶ 16 In the meantime, Sung had transferred the property to Morning Star on April 7, 2005. The Classis demanded that Sung void the legal documents and relinquish control of the Tacoma property, but Sung refused. In August 2005, the Classis provisionally deposed Sung and divested him of his title as minister of the CRCNA.

¶ 17 Days later however, Sung wrote the Classis a letter indicating his intent to reconcile with the ousted congregation and to follow the Classis's six...