Maciejewski v. Breitenbeck

• Decision Date: 15 October 1987
• Docket Number: Docket No. 91448
• Citation: 413 N.W.2d 65,162 Mich.App. 410
• Parties: Robert MACIEJEWSKI, Lucy Maciejewski, Ignacz Permoda, George Merdzinsky and Dorothy Merdzinsky, individuals, Plaintiffs-Appellants, v. Joseph BREITENBECK, Roman Catholic Bishop for the Diocese of Grand Rapids and Trustee, and Steven E. Vesbit, Defendants-Appellees. 162 Mich.App. 410, 413 N.W.2d 65
• Court: Court of Appeal of Michigan — District of US

Page 65

413 N.W.2d 65

Robert MACIEJEWSKI, Lucy Maciejewski, Ignacz Permoda, George Merdzinsky and Dorothy Merdzinsky, individuals Plaintiffs-Appellants, v. Joseph BREITENBECK, Roman Catholic Bishop for the Diocese of Grand Rapids and Trustee, and Steven E. Vesbit Defendants-Appellees.

Docket No. 91448.

162 Mich.App. 410, 413 N.W.2d 65

Court of Appeals of Michigan.

Submitted April 9, 1987.

Decided Aug. 18, 1987.

Released for Publication Oct. 15, 1987.

[162 MICHAPP 411] Robert F. Mirque, P.C., Grand Rapids, for plaintiffs.

Varnum, Riddering, Schmidt & Howlett by Thomas J. Barnes, Dennis C. Kolenda and Perrin Rynders, Grand Rapids, for defendant Steven E. Vesbit.

Mika, Meyers, Beckett & Jones by Steven L. Dykema and Elizabeth C. Keller, Grand Rapids, for defendant Joseph M. Breitenbeck.

Before WEAVER, P.J., and HOLBROOK and GILLESPIE, ^* JJ.

PER CURIAM.

Plaintiffs, five parishioners of St. Isidore's Roman Catholic Church in Grand Rapids, filed a complaint in Kent Circuit Court containing four counts. In count one they seek to restrain their bishop, the Most Reverend Joseph M. Breitenbeck, from employing their parish priest, Reverend[162 MICHAPP 412] Stephen E. Vesbit, to further serve as pastor of St. Isidore's.

In counts two, three, and four, they seek to recover damages from Reverend Vesbit for intentional infliction of emotional distress.

Circuit judge George V. Boucher granted defendants' motion for summary disposition as to count one on the basis that the relief requested is not available under Michigan common law. He further granted the motion of Reverend Vesbit for summary disposition as to counts two, three and four, giving reasons therefor that the tort of intentional infliction of emotional distress has never been recognized by the Supreme Court of Michigan.

Plaintiffs appeal from such decision and we affirm, but on different grounds.

The action arose from a dispute over renovation and modernization of the church and parish buildings. The petitioners, and allegedly numerous other parishioners, are Polish. The former pastor had obtained their commitment for financial support and they had contributed substantial sums of money for repair and maintenance of the church and parish buildings. When Reverend Vesbit was installed as pastor he redirected the use of the funds to modernization of the church, which included changes in structure and removal of Polish religious artifacts.

This angered the parishioners and they withdrew their financial support, leaving the church in financial straits. It is alleged that Reverend Vesbit, after numerous confrontations, took intentional retaliatory action against some of the most vociferous of his critics, which included the plaintiffs.

The forms of such retaliation are alleged in counts two, three, and four of the complaint.

Count two alleges that plaintiff Ignacz Permoda [162 MICHAPP 413] was a baptized member of the Roman Catholic Church for eighty-five years and had taken communion for that time. For the last thirty-five years he has been a member of St. Isidore's. After parishioners withdrew their support, when communion was being conducted on a Sunday morning, Reverend Vesbit refused, in the presence of the congregation, to give communion to Mr. Permoda.

Count three alleges that, in retaliation for their reduction in contributions, Reverend Vesbit expelled plaintiffs Robert and Lucy Maciejewski from the parish register and they have been attending religious services at other parishes.

Count four alleges that, in retaliation for reduction of his contributions, Reverend Vesbit told plaintiff George Merdzinsky that he would no longer allow him to assist the priest at masses as he, Merdzinsky, had been expelled from the parish. Reverend Vesbit also is alleged to have verbally castigated and abused Dorothy Merdzinsky in the presence of the congregation.

All plaintiffs complain of mental distress as a result of these actions.

Turning first to the suit to enjoin Bishop Breitenbeck, we note that plaintiffs elected not to brief this issue on appeal and it is therefore considered abandoned. Royal Indemnity Co v. H.S. Watson, Co., 93 Mich.App. 491, 494, 287 N.W.2d 278 (1979); Dorlin v. Providence Hospital, 118 Mich.App. 831, 835, 325 N.W.2d 600 (1982); MCR 7.212(C)(4).

Even had plaintiffs pursued their allegations in count one the trial court would have to be sustained in its summary disposition of that count.

It is well settled that courts, both federal and state, are severely circumscribed by the First and Fourteenth Amendments to the United States Constitution and art. 1, Sec. 4 of the Michigan Constitution of 1963 in resolution of disputes between a [162 MICHAPP 414] church and its members. Such jurisdiction is limited to property rights which can be resolved by application of civil law. Whenever the court must stray into questions of religious doctrine or ecclesiastical polity the court loses jurisdiction. Berry v. Bruce, 317 Mich. 490, 27 N.W.2d 67 (1947), First Protestant Reformed Church v. DeWolf, 344 Mich. 624, 75 N.W.2d 19 (1956), Berkaw v. Mayflower Congregational Church, 378 Mich. 239, 144 N.W.2d 444 (1966), cert. den. 385 U.S. 1035, 87 S.Ct. 775, 17 L.Ed.2d 682 (1967), Bennison v. Sharp, 121 Mich.App. 705, 329 N.W.2d 466 (1982), and Beulah Missionary Baptist Church v. Spann, 132 Mich.App. 118, 125, 346 N.W.2d 911 (1984) (concurring opinion of H.R. Gage, J).

Religious doctrine refers to ritual, liturgy of worship and tenets of the faith. Jones v. Wolf, 443 U.S. 595, 99 S.Ct. 3020, 61 L.Ed.2d 775 (1979); Bennison, supra.

Polity refers to organization and form of government of the church. Black's Law Dictionary (4th ed), p 1319.

The issue in this case is the court's right to enjoin the Bishop of Grand Rapids from assigning a certain priest to a parish.

The Roman Catholic Church is an hierarchical organization and the Bishop's power to make assignments of ministers to a parish is certainly a matter of ecclesiastical polity in which the courts may not interfere, even though the issue may be couched in language that would make it appear to be a property issue. Holt v. Trone, 341 Mich. 169, 67 N.W.2d 125 (1954).

The second issue is whether the trial court erred in granting defendants' motion for summary disposition of plaintiffs' claims of intentional infliction of emotional distress.

The trial...