Hummel v. Townsend

• Decision Date: 15 September 1989
• Docket Number: No. 88-1628,88-1628
• Parties: Gene M. HUMMEL, Trustee for the Reorganized Church of Jesus Christ of Latter Day Saints, Plaintiff-Appellant, v. Wesley TOWNSEND, Defendant-Appellee.
• Court: U.S. Court of Appeals — Fifth Circuit

Page 367

883 F.2d 367

Gene M. HUMMEL, Trustee for the Reorganized Church of Jesus

Christ of Latter Day Saints, Plaintiff-Appellant, v. Wesley TOWNSEND, Defendant-Appellee.

No. 88-1628.

United States Court of Appeals, Fifth Circuit.

Sept. 15, 1989.

Rehearing Denied Oct. 13, 1989.

J. Richard Tubb, Brent L. Brown, Stinson, Mag & Fizzell, Dallas, Tex., Stephen J. Owens, Christopher M. Kato, Kansas City, Mo., David G. Tekell, Waco, Tex., for plaintiff-appellant.

Greg White, Jack Welch, McGregor, White, Malesovas & McSwain, Waco, Tex., for defendant-appellee.

Appeal from the United States District Court for the Western District of Texas.

Before RUBIN, KING, and GARWOOD, Circuit Judges.

GARWOOD, Circuit Judge:

This is a case involving disputed ownership of real property in which jurisdiction was sought to be predicated solely on the basis of diversity of citizenship. The district court, on consideration of defendant's motion to dismiss for want of jurisdiction, found that diversity was not established and dismissed the suit for that reason. Plaintiff appeals, and we affirm.

Plaintiff-appellant Gene M. Hummel (Hummel), a citizen of Missouri, is the Presiding Bishop of the Reorganized Church of Jesus Christ of Latter Day Saints (RLDS World Church), an unincorporated association headquartered in Independence, Missouri. Defendant-appellee Wesley Townsend (Townsend), a citizen of Texas, is or was the pastor of the RLDS World Church in Marlin, Texas (Marlin Church). At some point prior to 1988, the RLDS World Church adopted a resolution authorizing the ordination of women into the priesthood. Townsend (and apparently most of the Marlin congregation) disagreed with this new policy. On June 19, 1988, Townsend held a business meeting during which the Marlin Church voted to secede from the RLDS World Church and form a new church, the Marlin Restoration Branch. Townsend and his followers also resolved that "the new Marlin Restoration Branch retain all of the Marlin RLDS Branch property and assets," which consisted primarily of the church building and the surrounding grounds in Marlin. After being notified of this meeting, the RLDS World Church attempted to replace Townsend with another pastor. However, when the new pastor tried to conduct services at the Marlin Church the following Sunday, he was denied access to the building. Hummel then, on June 28, 1988, filed this lawsuit in the United States District Court for the Western District of Texas to gain access to the Marlin Church property and to expel Townsend and his followers.

The complaint seeks to predicate jurisdiction entirely on the basis of diversity of citizenship. 28 U.S.C. Sec. 1332. It alleges that Hummel, the only plaintiff, is a resident and citizen of Missouri and that Townsend, the sole defendant, is a resident and citizen of Texas. The complaint expressly alleges that Hummel brings the suit only in his capacity as "Trustee for the Reorganized Church of Jesus Christ of Latter Day Saints," and it explains Hummel's asserted position as such trustee in the following manner:

"1. Gene M. Hummel is an individual who serves as the [P]residing Bishop of the Reorganized Church of Jesus Christ of Latter Day Saints, an international unincorporated religious association (the 'RLDS World Church').

"2. In the course and scope of his work as [P]residing Bishop, Hummel acts for and on behalf of the RLDS World Church.

"3. Pursuant to terms of his ordination and eccelesiastical law, Hummel, as Presiding Bishop of the RLDS World Church, is formally appointed by the RLDS World Church to act as Trustee for purposes of holding all church property as Trustee in Trust for the church, and including maintaining necessary legal action on behalf of the RLDS World Church, to confirm control and legal title of real and personal property.

"....

"10. The RLDS World Church is an international unincorporated association and a religious society organized and existing pursuant to its own unique beliefs, rules, regulations, and procedures.

"11. The RLDS World Church is hierarchical in nature, with various components constituting one united sovereign church, the units being integral parts of the sovereign church subject to laws, procedures, and organs according to an ascending order of authority.

"12. The organizational nature of the RLDS World Church is not independent or congregational.

"13. As [P]residing Bishop, pursuant to the terms of his ordination, RLDS doctrine and ecclesiastical law, Hummel acts as Trustee and owner of all real and personal property of each local RLDS branch congregation, including the Marlin, Texas branch....

"14. Hummel holds the Property [in dispute] as Trustee in trust for the RLDS World Church pursuant to the laws and procedures of the RLDS World Church.

"15. As Trustee and holder of the Property [in dispute], Hummel is entitled to control, without interference, the access, occupancy and use of the Property and the buildings situated thereon."

The complaint does not allege, nor does the evidence at the hearing on the defendant's motion to dismiss suggest, that Hummel's claimed trusteeship was based on or consisted of anything other than what is asserted in the above-quoted allegations. For example, the complaint does not allege, and the evidence does not show, that the property in dispute was ever conveyed or titled to Hummel (individually or as trustee) or to any prior Presiding Bishop of the RLDS World Church (or other official thereof) to whose position in the church Hummel succeeded, or that any court has ever appointed Hummel (or any official of the RLDS World Church to whose position in the church Hummel succeeded) trustee of the property. In short, the nature of the trusteeship claimed by Hummel does not derive from or consist of any asserted relationship to the disputed property (or to the RLDS World Church's acquisition of its claimed interest therein) that differs from the relationship which Hummel as Presiding Bishop purportedly has to any and all property or rights as to which the RLDS World Church has or claims any right, title, or interest. Hummel simply says that whatever legal or equitable rights or claims the RLDS World Church may have as to anything, Hummel is trustee thereof by virtue of his position as RLDS World Church Presiding Bishop. It is likewise undisputed that the RLDS World Church is an unincorporated association, some of the members of which are residents and citizens of Texas.

After a hearing on July 8, 1988 on Townsend's motion to dismiss for want of jurisdiction, the district court dismissed Hummel's complaint for lack of diversity. This appeal by Hummel followed.

Discussion

We begin with the well-settled rule that federal courts are courts of limited jurisdiction, and that parties seeking to invoke the jurisdiction of a federal court have the burden of proving that jurisdiction exists. Aetna Casualty & Surety Co. v. Hillman, 796 F.2d 770, 775 (5th Cir.1986).

We also note the equally well-settled principle that an unincorporated association is deemed a citizen of every state in which its members reside. United Steelworkers of America v. R.H. Bouligny, Inc., 382 U.S. 145, 86 S.Ct. 272, 15 L.Ed.2d 217 (1965). Since at least some RLDS World Church members are citizens of Texas, the RLDS World Church is deemed a citizen of Texas. If Hummel is bringing this suit merely in the capacity of an authorized officer of the RLDS World Church, then there appears to us no sufficient basis to distinguish this case from Bouligny.

Hummel testified that "[a]s [P]residing [B]ishop, I am the chief financial officer for the [RLDS] World Church and responsible for holding properties of the [RLDS] World Church as trustee. Together with two associate bishops, we form the [P]residing [B]ishopric, three bishops, who are responsible for all of the business or temporal affairs of the church wherever the church is located in the world." He explained the source of his authority as follows:

"In 1926, at the World Conference, legislation was passed, identified as Resolution Number 866, found in the book, Rules and Resolutions, because of some confusion that had developed relative to property titling. And this resolution, in essence, affirms the appropriateness of taking title, in those states where law requires, in the name of a church corporation. Or in those states or other countries where not required, it authorizes the presiding bishopric to serve as trustees in property holding.

"....

"Q Okay. And with regard to not-for-profit corporations, is there a Texas not-for-profit corporation organized to hold church property?

"A No, there is not." ¹

However, Hummel did not purport to be the ultimate or highest authority in the RLDS World Church. The testimony of Hummel's witness Thielke (which Hummel did not dispute) explained that "[t]he RLDS [World] Church is so structured that there are two basic lines of authority, both of which begin with the [P]resident of the church." (Emphasis added.) One line of authority is "the spiritural and administrative." The other line of authority is "the temporal line of authority, [over] which the [P]residing [B]ishopric functions as the chief financial officer. And in that line of authority, he, of course, is responsible to the [P]resident of the church as well." (Emphasis added.) ² Hummel is not and was not President of the RLDS World Church. Moreover, Thielke's testimony also reflects the authoritative role of the World Church Conference in the governance of the RLDS World Church:

"The World Church Conference is the most authoritative body, legislatively, in the church. Every two years, we conduct a world conference in Independence, Missouri, at which time the church as a body--delegates representing the body of the church votes on such things as the policies and procedures that will be followed in the administration and conduct of the church, as well as its program, and most importantly, the [...